INTERNATIONAL STUDY ON THE IMPLEMENTATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
ZERO PROJECT REPORT 2012
• State of the implementation of the UN Convention in 36 countries and in nine Austrian federal provinces - based on 21 social indicators
• 27 Good Practice Examples from 15 countries - nominated, selected and reviewed by an international network of disability experts
• Eight Good Policy Examples from seven countries - nominated by disability policy experts from all around the world, researched by the World Future Council and selected by an international Scientific Advisory Board
Authors: Michael Fembek, Tom Butcher, Ingrid Heindorf and Caroline Wallner-Mikl In cooperation with more than 100 experts from NGOs, foundations, academics and persons with disabilities Imprint
Authors: Michael Fembek, Thomas H. Butcher, Ingrid Heindorf, Caroline Wallner Copyright © November 2011 by the Essl Foundation All rights reserved. Published 2011 Printed in Austria Cover design and layout by Tino Ranftl For more information or reports online visit: www.zeroproject.org For inquiries email: [email protected]
Essl Foundation Michael Fembek Aufeldstraße 17–23 3400 Klosterneuburg/Austria Phone: +43/2243/410/9149 Preface
As owners of the bauMax Group, the Essl Family have been Lawmaking Methodology, as well as finding the best regula- involved in social affairs in the company, as well as pri- tions that are, according to the persons with disabilities, effec- vately, for many years. In 2007, my wife, Gerda, and I es- tively improving living conditions in their own countries, and tablished the Essl Foundation in order to consolidate our so- can also act as blueprints to be transferred to other countries. cial activities under the auspices of one organisation. The mission of the Essl Foundation is to remove barriers, espe- Improvements can only be made together cially for disadvantaged persons, and to work for a more The goals of the Essl Foundation can only be achieved with the just and equal society. We understand the term “barriers” in involvement of everyone concerned: the disabled themselves, a very broad sense: every one of us is disabled sometime the representatives of their interests, civil society, NGOs and within our lifetime and can be confronted with barriers: the foundations, ministers, parliamentarians and other politicians, very young, the very old, the impoverished, minorities, public servants and the media. The Essl Foundation acts as a women, etc. The Essl Social Prize was the first major activ- source of data and information for improved decision-making ity of the Essl Foundation. Established in 2008, it is awarded and establishes communication channels so that all this infor- to distinguished social entrepreneurs who have proven their mation is made as easily accessible as possible. ability to create successful social enterprises from their vi- The Essl Foundation is not only publishing this report, but it sions for a better world. is also launching a website where everyone involved can contribute, share and benefit. In addition, together with the The Zero Project World Future Council, we are organising an international The Zero Project is the Essl Foundation‘s second major proj- conference in Vienna, Austria, on good policy for persons ect, and represents new approach to broad-based advocacy with disabilities, to be held in January 2012. for the concerns of socially disadvantaged persons. In 2010, I would like to thank all of those who have collaborated on the Essl Social Index Pilot Study surveyed, in cooperation this report, particularly Michael Fembek, who, together with with some 56 NGO organisations around the world, the legal his team of Tom Butcher, Ingrid Heindorf and Caroline Wall- situations and living conditions of persons with disabilities ner-Mikl, authored the report. I am personally grateful to all by creating and comparing social indicators in 15 different of the persons concerned, scholarly advisors, interest repre- countries. The clear appraisal of inequalities and injustices sentatives and NGOs, who with their enormous commit- has proven to be an efficient method of garnering the inter- ment, have played an important role in the realisation of the est of the media, and, thus, also, policymakers, for other- Zero Project, including Prof. Thomas Druyen and Prof. wise elusive issues, and for achieving improvements in this Clemens Sedmak, to name just two. My sincere thanks is manner. The Pisa Study and Millennium Development Goals also owed to former EU Commissioners Vladimir Špidla and are particularly outstanding examples of this. Benita Ferrero-Waldner, as well as Ashoka founder and Essl Our goal is broadly defined, but the Zero Project is clearly Social Prize Laureate 2010, Bill Drayton, who on a personal structured and defined: level, encouraged me to pursue the path embarked upon 1. Comparing Social Indicators, this year, in 36 countries here. Finally, I am really happy that my daughter Natascha (including, now, most of Europe, and the nine Austrian Essl provided a good helping hand to the research team. provinces), together with 56 partners in these countries, of May the Zero Project initiate a movement that engenders a how these countries are faring in their implementation of spirit of transformation in civil society so that, in the future, the UN Convention on the Rights of Persons with Disabilities. many of the disadvantaged can also be helped on an inter- 2. Selecting Good Practices, together with a network of national basis. Zero Project – our aim is a world with zero around 100 disability experts, which have proven concepts barriers. And we have only just started. of how to improve the lives of persons with disabilities. 3. Selecting Good Policies in cooperation with the World Fu- Martin Essl ture Council – founded by Jakob von Uexküll, who started the Founder and Chairman of the Essl Foundation, Alternative Nobel Prize in 1980 - and using its Future Just December 2011 EXECUTIVE SUMMARY
Executive Summary
For many years, the Essl family, owners of the bauMax that was sent to NGOs and experts in 36 countries, two Group, have been involved in social activities both as a states in the USA and nine Austria federal provinces. The business, as well as privately. In 2007, Martin and questionnaire was completed by around 50 experts from Gerda Essl established the Essl Foundation which has NGOs, foundations and from academic fields. two goals: promoting social innovation, and helping 2. Zero Project Good Practice: Good Practice Exam- persons with disadvantages, especially disabilties. ples were a kind of by-product of the pilot study in Since 2008, the Essl Social Prize, endowed with annual 2010. It turned out that those included in the study prize money of EUR 1 million, has been awarded each were highly thought of, since they provided proven so- year to outstanding social entrepreneurs, to develop lutions to a number of the problems that were identi- and implement an innovative project, as a role model fied by the social indicators. In other words: moving that can be scaled up and copied in order to create a from the “what to…” to the “how to…” At the core of maximum of social impact. the Zero Project is a platform for Good Practice that will be continuously developed and expanded. For this The Zero Project report an initial 27 Good Practices have been included, The Zero Project (www.zeroproject.org) is the Essl having been nominated by an expert committee and Foundation’s project which advocates, with a new and selected carefully in a two-step process. innovative approach, the rights of persons with disabil- 3. Zero Project Good Policy. For the first time in this ities internationally. The mission is: working for a report eight Good Policy Examples have been included. world with zero barriers. Of either a regional or national nature, they have been The Zero Project is based on the “Essl Social Index Pi- in existence long enough to deliver identifiable improve- lot Study” which was published in 2010. The results of, ments to advance disabled persons human rights. To and the experiences gained developing, the pilot study research Good Policies, the Zero Project has teamed up have led to expansion into other fields. The Zero Proj- with the World Future Council (WFC), a foundation in- ect creates platforms for sharing and developing mod- forming policy-makers about future just solutions. The els that clearly improve the daily lives, and legal WFC applied its Future Just Lawmaking Methodology to rights, of persons with disabilities. The Zero Project- the policies nominated by an international expert net- Report is the written summary of the project’s re- work and presented its evaluation to a Scientific Advi- search and findings. It will, in future, be published on sory Board, which selected the policies to be included in a regular basis. this report.
Zero Project: Social Indicators, Zero Project: Report, Website and Conference Good Practice and Good Policy The Zero Project establishes three communications At this time the Zero Project has identified three areas channels to promote its key fields of activity: of work that clearly help to improve the daily lives and 1. The present Zero Project Report, being published the legal rights of persons with disabilities. on the occasion of the International Day of Persons 1. Zero Project Social Indicators that compare and with Disabilities, 3 December 2011. It will be pub- measure the implementation of the CRPD (in addition to lished either annually or bi-annually in the future, the excellent work done by ANED, by national Focal and will summarise all current results of the Zero Points and shadow reports). The Zero Project Social Indi- Project. It will be available in print and also for free cators will contribute material for discussion, supporting download from the Zero Project Website. those who work to implement the United Nations Con- 2. The Zero Project Website (www.zeroproject.org): vention on the Rights of Persons with Disabilities (UN It will be officially launched in January 2012. Its de- CRPD) nationally, or even regionally. For this report, 21 sign is based on social media and will act as an in- indicators have been reviewed based on a questionnaire teractive platform for everyone who is interested in
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Social Indicators, Good Practice and Good Policy Essl Social Index Pilot Study. Out of an original 44 in- Examples in the field of disability. Participation will dicators, 21 have been used (with only minor alter- be possible in various ways, but with the overarch- ations) in the Zero Project Report. The selection was ing aim of highlighting the best solutions for creat- based on issues of validity and reliability, as well as ing change for the better. Thus, at this stage, it will representativeness and transparency. focus on Good Practice and Good Policy. The survey took place between May and September 3. The Zero Project Conference. The “International 2011. More than 50 persons representing organisa- Conference on Good Policies for Disabled People” tions in 36 different countries took part. being organised in partnership with the World Fu- Due to a lack of internationally comparable data, there ture Council will take place in Vienna on 22 and 23 remain issues of representativeness, validity, etc., that January 2012 and concentrate on Good Policies. are connected with questioning expert panels. The lack In a carefully designed research and evaluation of internationally recognised definitions of “disability” process adopted by the World Future Council, eight and consequently of international statistics is one of Good Policies have been selected by the Scientific the biggest obstacles to overcome in this regard. Advisory Board to be presented and discussed with No simple count of traffic lights has, therefore, been 200 international decision-makers in the field of dis- done, since this number would be misleading as an in- ability policy. For the first time ever, parliamentari- dicator about how successfully a country implements ans, representatives of NGOs and foundations, from the UN Convention. On the other hand, a simple count the European Union and the UN, academics and dis- of “red”, “orange” and “green” traffic lights, totalled by ability rights activists will come together to discuss question, is less biased and more acceptable. inspiring policies from all around the world and to find ways to spread them to other countries. We are Count and ranking of traffic lights per question also very grateful to Bank Austria, which is hosting No In Brief Green Orange Red this event and supporting it generously. 1 Accessibility of new buildings 27 8 0 10 Right to primary mainstream education 22 12 1 Zero Project - Social Indicators: Results 6 Sign language in court 22 11 2 5 Partial guardianship 20 9 5 For this year’s Zero Project Report, 21 social indicators 19 Official statistics about education and employment 19 15 8 were established and reviewed. To enhance clarity and 14 Accommodations in the workplace 19 13 3 comparability, all of the results have been summarised 9 Right to marry, have and raise children 16 17 2 in traffic light colours, with GREEN representing a good 20 State sponsorship of umbrella organisation 16 12 7 solution, ORANGE a partial solution, and RED an un- 11 Alternative testing methods for students 14 18 3 satisfactory solution. 13 Accessibility of medical practices 14 17 4 In terms of content, the social indicators are oriented 8 Safeguards in institutions 12 15 7 exclusively toward implementation of the UN Conven- 17 Right to receive necessary support to vote 11 23 1 tion on the Rights of Persons with Disabilities, since 21 Designation of “Focal Points” within government 10 15 8 countries that have ratified the UN Convention have 2 Legal time frame for accessibility 8 16 11 also incorporated it into their legal systems. 7 Financial support for inclusion in the community 7 21 7 Based on concrete examples, the social indicators throw 16 Number of employees with disabilities 6 7 21 light on the extent to which the UN Convention has been 18 Statistics on disabled persons living in institutions 5 23 7 incorporated into the legal system and lived experience 15 State employment of persons with disabilities 5 20 10 of persons with disabilities in the various countries. Dif- 3 Accessibility of public buses 3 30 2 ferences between the countries (and, in Austria, be- 12 Statistics on university graduates 3 17 15 tween the nine federal provinces, as a number of rules 4 Early warning system for national emergencies 3 11 19 and structures exist at the provincial level) can, thus, be seen. Various articles, specifically Articles 8 - 33, of the The largest number of “green” lights was given to UN Convention serve to underpin the questions asked. Question 1, regarding regulations for the accessibility The social indicators are based on those used in the of new buildings: The respondents from 27 countries
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confirm that such regulations are fully in place, and countries, and in New York state, the capital’s bus sys- there are no “red” lights at all. Also Question 10 tem fell short in one way or another. With buses con- (mainstream education), Question 6 (sign language in stituting the vital transportation mode for persons with court) and Question 5 (partial guardianship) each got disabilities, this has very far-reaching consequences 20 or more “green” lights. for employment (getting to a job), education (getting At the bottom of ranking were questions 4 (early to school), leisure activities, etc. warning system), 12 (statistics on university gradu- ates) and 3 (accessibility of public buses). Question 15: STATE EMPLOYMENT OF PERSONS WITH DISABILIES The most important results Figures on state employment of persons with disabili- Question 17: RIGHT TO RECEIVE NECESSARY ties are published annually by only five countries. The SUPPORT TO VOTE fact that more than 20 countries are either not pub- In 23 out 35 countries (or two thirds of the countries lishing them, or there are no official figures, or they surveyed), persons with disabilities do not receive all are not annual, is another issue that could be tackled the necessary support to vote in secret, according to easily. And it is not financially burdensome. the respondents of the questionnaire. Whilst some of There may be another reason why these figures are the countries may be countries with relatively young not published in many countries: to hide the fact that democracies (yet all of them are democracies on pa- they do not actually employ persons with disabilities. per), a majority of them have had democratic systems The figures that have already been published tend to for a very long time, and the right to vote secretly for indicate this. everyone should be deeply rooted. Since the implementation of this right has, since 1950, Question 12: STATISTICS ON been included in the European Convention on Human UNIVERSITY GRADUATES Rights, and its implementation does not involve huge Another hardly believable fact: 15 “red” lights and 17 costs, this is a quite surprising result. “orange”! Taking into account that arguably all univer- sities (at least in Europe) receive state funding, it is Question 4: EARLY WARNING SYSTEM FOR NA- hard to understand why this support is not linked to TIONAL EMERGENCIES transparent figures about the inclusiveness of the edu- In only three countries – Denmark, the Netherlands cation they provide. Self-identification (of being a per- and the UK – are the states’ early warning systems son with a disability) is, of course, an issue, but it is universally accessible to all those with disabilities. In not a general excuse for absent data. 19 others, the early warning system has not even been designed to be universally accessible to all those Question 1: ACCESSIBILITY TO NEW BUILDINGS with disabilities. Since these three countries have al- Some good news: 27 out 35 countries have legislation ready blazed a trail, it should be up to all the others to in place that covers both all newly constructed build- learn from their examples. ings to which there is public access and covers all dis- With the effects that climate change seems to be hav- abilities. No “red” lights have been given. This means ing on once accepted weather patterns, in this area that states are, at least, taking accessibility, in its alone, national emergency early warning systems are most basic sense, seriously. becoming increasingly important. The coverage of all disabilities will always be an issue. But here is an area where lessons learned internation- Question 3: ACCESSIBILITY TO PUBLIC BUSES ally, and shared, can help prevent the re-invention of Only three countries – Israel, the Netherlands and the the wheel. UK - (together with California) answered with a “green” light and, interestingly, three of these four (Is- Question 5: PARTIAL GUARDIANSHIP rael, the Netherlands and the USA/California) have not It is enormously comforting to see that partial guardian- even ratified the CRPD. So, in each of the other 32 ship covering a wide range of different circumstances is
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available in well over half (20) of the countries sur- Question 14: ACCOMMODATIONS veyed, and in at least a number of circumstances in nine IN THE WORKPLACE further countries. In view of the paradigm shift from It is encouraging to note that the state obliges em- “substituted decision-making” to “supported decision- ployers to make all the necessary accommodations in making” required by the United Nations Convention on so many countries, 19 in total. And that actions, albeit the Rights of Persons with Disabilities (UN CRPD), this limited, are legally required in a further 13. It is to be number of respondents answering in the full or partial hoped that this last figure will decrease soon, as such affirmative is very encouraging. Ireland stands out as a limitations should not exist. The number of countries particular anomaly, with only plenary guardianship pos- with no such obligations is gratifyingly low: three. sible in the country. And that covered by the unfortu- nately named Lunacy Act of 1871. Question 19: OFFICIAL STATISTICS ABOUT EDUCATION AND EMPLOYMENT Question 10: RIGHT TO PRIMARY Publication every 10 years could be seen as being MAINSTREAM EDUCATION exceptionally over-generous. However, on the basis With inclusion from the earliest possible age so impor- that eight states have never undertaken any such tant, to see that in 22 of 35 countries every child with study, and that the studies undertaken by 15 others a disability has at least the right to receive free and have either not encompassed both education and compulsory primary education within the mainstream employment, or are older than 10 years, over-gen- educational system is encouraging. It is sad to note erosity is, perhaps, not the issue. For the success of that in the Argentina, the right to inclusion in the any policies focusing on persons with disabilities to mainstream educational system remains unrecognised. be measured, figures need not only to be published regularly, but also to be complete. The plethora of Question 18: STATISTICS ON DISABLED unsatisfactory responses to this question can only PERSONS LIVING IN INSTITUTIONS raise, not least, concerns of either a lack of will to How can states hope to fulfil their responsibilities of action, or systemic problems in evaluating the suc- care for persons with disabilities in institutions if they cess of policy. don’t know how many such persons are in institutions? And if they do know, why are such figures not pub- Question 6: SIGN LANGUAGE IN COURT lished? These have to be two questions uppermost in With equal access to justice such an important aspect one’s mind when looking at the answers to this ques- of the Convention, and despite the intolerable situation tion. In only five countries are these figures published for persons who are either deaf or hearing impaired in annually and officially. So, why are no such figures of- both Albania and Ireland, in over 60% of the countries ficially published in seven states and only either partial surveyed, sign language is both an official language of and/or stale figures in some 23 others? De-institu- the courts and persons with a hearing impairment tionalisation should never be regarded as a secondary have the right to a translator paid for by the state. issue. Both Italy and Sweden show the way as to how to implement the CRPD in this respect. Question 8: SAFEGUARDS IN INSTITUTIONS The question is predicated on the persons in question Question 16: NUMBER OF EMPLOYEES actually already having the choice of whether to stay WITH DISABILITIES or to leave, i.e. the question is about their ability to In nearly two thirds (21 of 34) of all the countries re- exercise an option they already have, not their re- sponding to this question, the figure either decreased questing that option. Therefore, to find that in 15 out or no figures were available. Whichever is the case, of the 34 countries surveyed, i.e., just under half, ei- and perhaps both are, the situation is bad. If the fig- ther safeguards do not exist or persons with disabili- ure in each of these countries has decreased, the im- ties are not informed of their freedom to choice, is aw- mediate question is why? And if no figures are actu- ful. Perhaps even more awful is the fact that, in seven ally available, how does a state expect effectively to countries, this freedom of choice, already rightfully address these issues? theirs, is denied them.
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Differences between Austrian provinces 2. Job Support and Job Creation NGOs in nine federal provinces within Austria were • An internet job platform that encourages companies also asked 13 out of these 21 questions. Since Austria to employ persons with disabilities is a federal state and many regulations concerning • a job creation initiative for persons with psychosocial persons with disabilities are on a provincial level, these disabilities in Asia 13 questions were also asked to discover differences • an employment model for persons with Autism within Austria. • a training programme for blind women to screen other women for breast cancer Notable results: • an entertainment facility that creates jobs for blind persons and creates mutual understanding between • Vienna is the only province where a focal point is al- the blind and the non-blind ready in place. • a consulting firm for staffing companies with persons • There are significant differences in the accessibility with disabilities of buildings. Both Carinthia and Upper Austria are at the top of the list. 3. Hardware/Software/Technical support • According to NGOs in Carinthia and Vorarlberg, these • Software that makes email- and web-texts more are the only two provinces in which there safeguards accessible for persons with disabilities in place that ensure that no person has to stay • A system for live transcription and subtitling of longer than necessary in an institution (Question 8). conferences and discussions • There are also big differences between the provinces • An online map of of wheelchair accessible and regarding the accessibility of medical practices inaccessible places (Question 13). • A standardised key for all toilet facilities in Europe • Only respondents in Upper Austria and Tyrol report that official statistics about employment and educa- 4. Awareness Raising, Policy Implementation tion are available. • A toolkit for practitioners to help refugees with disabilities ZERO PROJECT - GOOD PRACTICE: RESULTS • Capacity building seminars and planning models for The Essl Foundation has created an international net- implementing the United Nations Convention on the work of more than 100 persons with disabilities, NGOs, Rights of Persons with Disabilities (UN CRPD) enter social entrepreneurs, foundations, networks, media, this category companies (e.g. infrastructure providers), academics, • A model for how to plan the implementation of administration staff, politicians etc. Based on this net- local/regional disability policy plans work, a three-stage process was developed to select the most outstanding Good Practices. The final selec- 5. Media/TV/Accessibility tion comprised 27 nominations. These Good Practice • Subtitling TV news broadcasts in South America, Examples are described in detail in this report, and are • Web TV specially targeted at the deaf/hard the core selection for the Zero Project Website. of hearing • Evaluation tool for the accessibility of websites and other digital media. 1. Assistance • A support model for families to have “time off” 6. Coaching/Education/Training • a service to address sexual facilitation • A training centre for persons with disabilities to be- • cooperatively organised personal assistance come peer coaches for others with disabilities, and • an interdisciplinary commission to protect the rights • A campaign programme for young persons that en- of persons with disabilities ables them to raise awareness of the CRPD • a “baby simulator” to support decision-making for parenthood 7. International and Development Cooperation • the ENIL-Initiative to live independently • High-level guidance for development aid pro-
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grammers on how to shape programmes in order to 2. Special Policies include persons with disabilities In arguably every country of the world there are spe- • A monitoring system for the implementation of the cial laws and regulations with the focus to protect per- United Nations Convention on the Rights of Persons sons with disabilities, to support them by funding pro- with Disabilities (UN CRPD) in developing countries grammes, tax incentives, minimum requirements, by removing barriers, by awareness raising, by promoting training and education, or by the creation of trans- 8. Data/Statistics parency. However, these policies rarely take all human • A global online database on ongoing government rights of persons with disabilities fully into account, as projects that include persons with disabilities in laid out in the UN Convention on the Rights of Persons mainstream programmes in the field of education, with Disabilities, which entered into force in May 2008. livelihoods and health Amongst all the nominations, the Scientific Advisory Board finally selected five as outstanding examples of Good Policy. They all have delivered identifiable im- ZERO PROJECT - GOOD POLICY: RESULTS provements and can be hereby recommended for For nominations of Good Policies, the Essl Foundation transfer to other countries. and the World Future Council, together, reached out to disability policy experts from all around the world, in- These five Good Policy Examples are: cluding all members of the UN CRPD Committee, the • The Swedish Ombudsman System to enable sup- European Disability Forum and the International Disabil- ported, instead of substituted, decision-making, which ity Alliance. This network of experts provided 18 nomi- assists persons with severe mental and psychosocial nations of laws or regulations from a country, state or disabilities in their decision-making, reducing province. The policies nominated were researched and guardianships, suicide, isolation (and costs as well). evaluated by the World Future Council, which applied its Future Just Lawmaking Methodology. As a third step, • The “Representation Agreements” from British Co- eight good policies were finally selected by the Scientific lumbia (Canada) that strengthen the right of persons Advisory Board. They were chosen for the Zero Project with disabilities to make their own choices, to obtain Report and at the same time constitute the core of the support in decision-making and to prevent them be- Zero Project Conference in January 2012. ing forced into guardianship. • The Swedish right to live independently, which is one The 8 Good Policies can be divided into two categories: of the few policies in the world where persons with extensive disabilities can, themselves, choose the 1. Anti-discrimination and Equality Laws support that best suits their needs. They, and not In many countries there are laws that serve as the basis the service providers, receive directly the financial for all measures that are to be taken to prevent discrimi- support for directing personal assistance services, nation in society. These laws vary highly in terms of com- thus allowing them the maximum control and free- prehensiveness (some deal only with special types of dis- dom of choice. ability, some, on the other hand, are targeted at any kind • The obligation of all nurseries, schools and universi- of discrimination, including race, religion, minority, gen- ties in Italy to accept any child, pupil or student re- der, etc.) and in many other respects. Most importantly, gardless of their disabilities, including the most se- these laws are crucial for improving the living conditions vere, which has led to the fact that 99.6% of all of persons with disabilities in a broad range of areas, pupils with disabilities are now included in main- foremost in education, employment, health, transport, stream schools access to information and many more. The final selec- • The system of universal access to justice in Israel, tion includes the anti-discriminatory and equality laws of where every person with a mental, intellectual or Austria, of Spain and of the UK. All of them have their communication disability has the right to be strengths and weaknesses, but – according to the ex- accommodated during investigative and judicial perts – they are the laws to look at now. procedures.
ZERO REPORT 2012_____9 ZERO PROJECT - SOCIAL INDICATORS: MAP 2012 SURVEY IN 36 COUNTRIES ABOUT THE IMPLEMENTATION OF AUT BEL BUL CRO CZE DNK EST FIN FRA GER HUN IRL ITA NLD POR ROM Signature, ratification of the Convention Pg. 30 ART.9: ACCESSIBILITY Accessibility of new buildings ı 1 Pg. 32 Legal time frame for accessibility ı 2 Pg. 34 Accessibility of public buses ı 3 Pg. 36 ART.11: SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES Early warning system for national emergencies ı 4 Pg. 38 ART.12: EQUAL RECOGNITION BEFORE THE LAW & ART 13: ACCESS TO JUSTICE Partial guardianship ı 5 Pg. 40 Sign language in court ı 6 Pg. 42 ART.19: LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY Financial support for inclusion in the community ı 7 Pg. 44 Safeguards in institutions ı 8 Pg. 46 ART.23: RESPECT FOR HOME AND THE FAMILY Right to marry, have and raise children ı 9 Pg. 48 ART.24: EDUCATION Right to primary mainstream education ı 10 Pg. 50 Alternative testing methods for students ı 11 Pg. 52 Statistics on university graduates ı 12 Pg. 54 ART.25: HEALTH & ART.26: HABILITATION AND REHABILITATION Accessibility of medical practices ı 13 Pg. 56 ART.27: WORK AND EMPLOYMENT Accommodations in the workplace ı 14 Pg. 58 State employment of persons with disabilities ı 15 Pg. 60 Number of employees with disabilities ı 16 Pg. 62 ART.29: PARTICIPATION IN POLITICAL AND PUBLIC LIFE Right to receive necessary support to vote ı 17 Pg. 64 ART.31: STATISTICS AND DATA COLLECTION Statistics on disabled persons living in institutions ı 18 Pg. 66 Official statistics about education and employment ı 19 Pg. 68 ART.32: INTERNATIONAL COOPERATION State sponsorship of umbrella organisation ı 20 Pg. 70 ART.33: MONITORING Designation of “Focal Points” within goverment ı 21 Pg. 72
ZERO PROJECT - SOCIAL INDICATORS AUSTRIA: MAP 2012 SURVEY WITHIN AUSTRIAN PROVINCES B K NÖ OÖ S ST T V W Barrierefreiheit neuer öffentlicher Gebäude ı 1 Pg. 82 Zeitrahmen neuer öffentlicher Gebäude ı 2 Pg. 83 Barrierefreie Beförderung in Linienbussen ı 3 Pg. 84 Anspruch auf finanzielle Unterstützung ı 4 Pg. 85 Kontrollmechanismen – Aufenthalt in Einrichtungen ı 5 Pg. 86 Offizielle Statistik über Universitätsabsolventen ı 6 Pg. 87 Barrierefreiheit von Arztpraxen ı 7 Pg. 88 Beschäftigung im öffentlichen Dienst ı 8 Pg. 89 Zahl der Beschäftigten mit Behinderung ı 9 Pg. 90 Umfassende Barrierefreiheit beim Wahlrecht ı 10 Pg. 91 Statistiken über in Einrichtungen lebenden Menschen ı 11 Pg. 92 Statistiken über Ausbildung/Beschäftigung ı 12 Pg. 93 Installierung von Focal Points ı 13 Pg. 94 THE UN CONVENTION, BASED ON EXPERT POLLS AND CONCRETE EXAMPLES SOCIAL INDICATORS: MAP 2012
US US SVK SLO ESP SWE UK ALB BIH RKS MKD MNE SRB SUI TUR ARG AUS CAN ISR MEX RSA CA NY STATE Pg. 30 ART.9: ACCESSIBILITY Pg. 32 Pg. 34 Pg. 36 ART.11: SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES Pg. 38 ART.12: EQUAL RECOGNITION BEFORE THE LAW & ART 13: ACCESS TO JUSTICE Pg. 40 Pg. 42 ART.19: LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY Pg. 44 Pg. 46 ART.23: RESPECT FOR HOME AND THE FAMILY Pg. 48 ART.24: EDUCATION Pg. 50 Pg. 52 Pg. 54 ART.25: HEALTH & ART.26: HABILITATION AND REHABILITATION Pg. 56 ART.27: WORK AND EMPLOYMENT Pg. 58 Pg. 60 Pg. 62 ART.29: PARTICIPATION IN POLITICAL AND PUBLIC LIFE Pg. 64 ART.31: STATISTICS AND DATA COLLECTION Pg. 66 Pg. 68 ART.32: INTERNATIONAL COOPERATION Pg. 70 ART.33: MONITORING Pg. 72
KEY TO LOCATIONS KEY TO ABBREVIATIONS EUROPE EU AUSTRIA (AUT) PORTUGAL (POR) SERBIA (SRB) EUROPE EX-EU BELGIUM WALLONIA (BEL) ROMANIA (ROM) SWITZERLAND (SUI) OUTSIDE EUROPE BULGARIA (BUL) SLOVAKIA (SVK) TURKEY (TUR) CROATIA (CRO) SLOVENIA (SLO) CZECH REPUBLIC (CZE) SPAIN (ESP) ARGENTINA (ARG) DENMARK (DNK) SWEDEN (SWE) AUSTRALIA (AUS) KEY TO TRAFFIC LIGHT COLOURS ESTONIA (EST) UNITED KINGDOM (UK) CANADA (CAN) FINLAND (FIN) ISRAEL (ISR) YES FRANCE (FRA) ALBANIA (ALB) MEXICO (MEX) YES, WITH QUALIFICATIONS GERMANY (GER) BOSNIA AND SOUTH AFRICA (RSA) HUNGARY (HUN) HERZEGOVINA (BIH) UNITED STATES – NO IRELAND (IRL) KOSOVO (RKS) CALIFORNIA (USA CA) ITALY (ITA) MACEDONIA (MKD) UNITED STATES – NEW Not applicable/ THE NETHERLANDS (NLD) MONTENEGRO (MNE) YORK (USA NY STATE) No data available www.zeroproject.org ZERO PROJECT - GOOD PRACTICES: MAP 2012 27 GOOD POLICIES FROM 17 COUNTRIES, SELECTED BY A NETWORK
Usefulness/ Applicability/ For all forms of disability/multiple disabilities For mental or psycholocial disability Of Interest Bizlink Leonard Cheshire Leonard Cheshire Disability Disability Support in Bringing the Global disability finding employment Selected* in UN CRPD to life database through youth 20 countries advocacy or more Art. 8, 27 Art. 31 Art. 8, 24
21 countries Africa und Asia Singapore
WAG Caritas Austria The Swedish Empowerment New Life Psychatric Disability Federation Center of Initiative Rehabilitation Cooperatively for Independent Association Support for Implemen - Living families with organised personal tation of the UN Jobs for people Selected* in handicapped standard Peer councelling with psycho- children assistance for and education 16 to persons with disability plans social 20 countries disabilities disabilities Art. 26 Art. 27 Art. 19 Art. 33 Art. 27
Austria Hong Kong Austria Sweden Austria
Light for the world European Network of Lipida Independent Living Sexualbegleitung Implementing Assistance for the UN CRPD in Sexual people with facilitation Selected* in developing intellectual countries 11 to disabilities 15 countries Art. 5, 22 Art. 31, 32, 33 Art. 19, 29, 30
Burkina Faso Sweden Austria Career Moves Development Interdisciplinary Association to Help Reference Group Commission Chile People with Internet job Intellectual High level platform for Protecting the Disabilities Selected* in guidance on persons with rights of Training 7 to disability- and without persons with seminars disabilities mental 12 countries inclusive on UN CRPD development disabilities Art. 8, 12 Art. 15, 16, 33 Art. 31, 32 Art. 21, 27
Australia Austria Chile Slovakia Specialist People Bartiméus AWO Bartiméus Accessibility SpecialistFoundation People AccessibilityFoundation Women's Refugee Foundation Decision Foundation Commission Employment Promotion of support for opportunitiesEmployment Selected* in Promotioninclusive of Helping opportunities for disabled people accessibilityinclusive of the for people with 3 to disabled people with autism who desire a accessibilityinternet of refugees autism baby 6 countries the internet Art. 19, 23 Art. 9, 19, 21 Art. 27 Art. 9, 19, 21 Art. 27 Art. 11, 17, 28 Five countries Netherlands Denmark The Netherlands Denmark Germany * Respondents of the questionnaire could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their count OF EXPERTS, APPRAISED BY NATIONAL EXPERTS ON LOCAL APPLICABILITY GOOD PRACTICES: MAP 2012
For visual impairment, blindnessFor hearing impairment, Deafness For physical disability
KEY TO THE MAP The 27 selected Good Practice Examples have been arranged according to
• Importance (Usefulness, Applicabilty/Of Interest) in the rows: Higher Positions mean that more experts on national level considered the Good Wheelmap.org Practices to be very important in their own Accessibility country. information for • Kind of disability in the wheelchair columns. users • Colours indicate the topic of the Good Practice (see explanation below) Art. 9, 21 • The name of the project is to be found at the top of Germany every entry, • The Articles refer to the Dialogue Articles on the UN in the Dark Convention where this Good Practice Example is Empowering applicable and would disabled people mean a step towards better implementation of the UN CRPD, Art.8, 27 • The country refers the country of origin, or the countries where the Good Practice Example has been established so far, Germany • Detailled information on discovering hands® VerbaVoice Eurokey Deaf Real Citizenship the selection process can Corporation of Chile be found on page 24, Visually Transcription Guaranteed detailled information on impaired for hearing Sign language access to public every Good Practice women detect impaired on TV news facilities Example at page 96 ff. breast cancer people
Art. 9, 20 KEY TO COLOURS: Art. 21 TOPICS Art. 6, 25, 27 Art. 9, 21, 27 Hardware/Software/ Technical Support
Chile Coaching/ Germany Germany Switzerland Education/Training
Deaf and Hard of Jobs/ RoboBraille Hearing Clubs Job Creation Consortium Association of Slovenia Awareness raising/ Electronic texts Policy implementation Web TV for the for the visually Assistance impaired deaf/hard of hearing Art. 9, 21 International Cooperation/ Art. 9, 21 Development Cooperation
Data/ Statistics Denmark Media/ Slovenia TV Accessibility tries. www.zeroproject.org ZERO PROJECT - GOOD POLICY: MAP 2012 OUTSTANDING REGULATIONS IN SINGLE COUNTRIES OR PROVINCES,
ANTI-DISCRIMINATION AND EQUALITY LAWS DESCRIPTION RESULTS Participation The focus on accessibility in the public and • In 2010, the Disability Ombud answered over in All Areas of private sector combined with a mandatory low- 1,200 requests. threshold conciliation procedure, which is • In the same year, EUR 3.4 million was granted Life promoted as Good Practice by disability by the Federal Social Welfare Board to almost 2006 organisations, are what distinguish the Austrian 200 undertakings for accessibility works. Federal Disability Equality Act. In particular, the • From 2006 to 2010, there were 732 mandatory law puts forth a highly interesting approach with conciliation cases, of which approximately 60 regard to the achievement of an accessible built percent could be solved out of court. Austria environment, which, in its original version, is • In addition, several ministries have published favoured by the European Disability Forum as a action plans with the objective of achieving model for the European Accessibility Act accessibility. (announced for 2012). • The publication of a 10-year plan is expected soon. • The publication of a 10-year action plan is expected in 2012.
The Right The Law of Equal Opportunities, Non- • Within six months of the law’s enactment, the to Equal Discrimination and Universal Access for People National Action Plan on Accessibility 2004-2012 with Disabilities marked an unambiguous shift in was launched. Opportunities Spanish disability policy toward a human rights • In 2007, a series of further regulations were 2003 perspective based on the social model of promulgated. disability. Foremost, its provisions aim to • Reports have highlighted that improvements in guarantee the right to equal opportunities of quality of life have been made, foremost in disabled people by defining measures against accessibility of transport and of communication. Spain discrimination and a series of affirmative actions. Public and private attitudes have started to Crucial for achieving its objectives is the change. crosscutting goal of universal accessibility. • In 2011, the enactment of Act no 26 has incorporated the definition of a person with disability of UN CRPD Article 1.
The Right to 116 separate pieces of legislation were In 2010, the Equality and Human Rights Equality consolidated and updated with the introduction of Commission took 50,000 calls to its helpline the single Equality Act, perhaps the most (unfortunately threatened by spending cuts). 2010 comprehensive and detailed anti-discrimination • With regard to the general public sector legislation in Europe. Its comprehensiveness equality duty, there is an increasing number of derives not only from the range of the protected successful cases and about 100-200 groups, but also from the areas covered by the settlements per year. United Kingdom Act, which include nearly all the functions of • The anticipatory reasonable adjustment duty public authorities and the private sector. appears to have inspired the European Particularly in the non-employment context, two Commission to include a similar anticipatory promising tools for tackling discrimination can be duty in its draft of the Goods and Services found: the public sector equality duties, and the Directive. anticipatory reasonable adjustment duty.
SPECIAL LAWS DESCRIPTION RESULTS Advancing With its Representation Agreement Act RSBC • Representation Agreements are praised by the Supported c.405, British Columbia has led the way in the disability community as highly successful in recognition of the right to support in personal providing legal recognition of supported Decision-Making decision-making. The law’s flexible definition of decision-making. 1999 capability is one of its main strengths, since it • The non-profit organisation Nidus provides a recognises trust as one of the defining features of centre for excellence in Best Practice with support relationships and shifts the burden of personal planning and supported decision- proof of incapability to others. The legislation making, and operates a centralised registry British Columbia allows for the creation of personal planning tools with some 5,000 records. known as representation agreements, which, • Representation Agreements significantly unlike most personal planning tools, permit the prevent guardianship and are the reason why appointment of an individual(s) to help an adult the number of private guardianships has make decisions. remained fairly stable during the last years SELECTED BY A SCIENTIFIC ADVISORY BOARD ACCORDING TO THE METHODOLOGY OF THE WFC GOOD POLICY: MAP 2012
Universal Access Many justice systems around the world are not • From 2007 to 2010, there were 2,400 requests to Justice accessible to people with mental, intellectual or for special investigations. Almost 1,780 persons communication disabilities, as investigative and with intellectual disabilities were interrogated. 2005 judicial procedures are not adapted to meet their • The majority of the cases recorded – 78 needs. As established by the Investigation and percent - constituted victims of crime. Testimony Procedures Law, in Israel, a Special • Cases were brought to court which beforehand Investigator is now assisting police would have been dismissed. Israel interrogations. In addition, the law provides for • Parallel to its enactment, the law and its important adaptations to the testimony given in mechanisms enlightened the debate about the court, including the exemption from cross- content and language of UN CRPD Article 13 on examination as a witness. access to justice.
The Right Italy abolished almost all segregated educational • Italy is, so far, the only European country in to Inclusive settings and, with its Framework Law for the which almost all (99.6%) disabled pupils, out of Assistance, Social Integration and the Rights of a total of 170,000 (in 2007-2008), were Education Disabled Persons No 104, enshrined the included in mainstream schools. 1992 entitlement of all students with special needs to • Inclusive education is achieved with the help of experience a good quality of inclusive education. over 90,000 specialised teachers for learning All day nurseries, schools, universities and any support and an additional 25,000 educators other education provider, including private employed by the schools. Italy institutions, have the obligation to accept pupils • Physical barriers in access to schools have been with disabilities, also those severely disabled. All almost eliminated. disabled children have the right to be supported in • An amendment of 1999 concerned inclusive learning by a professional. Of particular university settings and, as a result, an importance to the law’s objectives is the impressive 12,400 disabled students were combination of clinical diagnosis, dynamic profile enrolled in Italian universities in 2006, tripling and tailored education plan to determine the within only six years. personal potential of the pupil, and the broad cross-sectoral participation and cooperation of all stakeholders in working groups at different levels.
Safeguarding The Swedish Government Decision No 16 • Support by a Personal Ombudsman shows human dignity established a nationwide system of Personal highly positive response rates and reduces Ombudsmen (POs) that provides support in guardianship, isolation, drug addiction, 2005 decision-making for persons with severe mental homelessness, suicide and violence amongst or psychosocial disabilities. POs are highly skilled the individuals addressed. persons who do outreach work and establish, first • Calculations have shown that PO operations and foremost, trusting relationships with reduce costs by approximately €80,000 per Sweden individuals in need of support. They assist assisted person over a five year period. individuals in taking control of their own • In 2010, 325 POs employed in over 100 situation, identify care needs and ensure that businesses provided support to more than they receive the necessary help. 6,000 individuals throughout the country. • Recently, a personal support system was started by Oslo and one currently operates in Helsinki. Cities such as San Francisco, Vancouver, Sydney, Budapest, Riga and Prague have similar plans.
The Right Sweden legally entitles persons with extensive • In 2009, over 60,200 people received special to Living disabilities to cash payments for the purchase of support. self-directed personal assistance services. The • The system of cash payments created a Independently Act concerning Support and competitive market consisting of about 15,900 1993 Service to Persons with Certain Functional assistance users, 230 local governments and Impairments sets out the right for over 1,100 private entities, these last persons with considerable and permanent employing a total of 60,000 (full-time functional impairments to “good” as opposed to equivalent) personal assistants. Sweden basic living conditions through the provision of • It enables assistance users and their family ten measures for special support. One of the members to return to work and provides jobs measures constitutes the right to personal to people who often would otherwise live on assistance as regulated by the Assistance Benefit unemployment insurance. Act,setting the foundation for a demand-driven • It has been estimated that taxpayers have saved and competitive personal assistance market. a minimum of SEK29 billion since 1994, com- pared to the costs of local governments’ services. www.zeroproject.org CONTENTS
Table of Contents
Preface by Martin Essl, Essl Foundation ...... 3
Executive Summary ...... 4
Social Indicators Map International, Austrian Federal Provinces ...... 10
Good Practices Map ...... 12
Good Policies Map ...... 14
Acknowledgments ...... 19
Research Network ...... 20
About the Zero Project Report ...... 22
The UN Convention on the Rights of Persons with Disabilities ...... 26
International Comparison of 21 Indicators ...... 28
Signature & Ratification of the Convention ...... 30
Accessibility of newly constructed buildings with public access (Art. 9, Question 1) ...... 32
Legal timeframe for existing buildings with public access to be made accessible (Art. 9, Question 2) ...... 34
Accessibility of public buses (Art. 9, Question 3) ...... 36
National emergencies: Accessible early warning system (Art. 11, Question 4) ...... 38
Partial guardianship (Art. 12/13, Question 5) ...... 40
Sign language in the courts (Art. 12/13, Question 6) ...... 42
Financial support for inclusion in the community (Art. 19, Question 7) ...... 44
Right to leave institution safeguarded (Art. 19, Question 8) ...... 46
Right to marry, have and raise children (Art. 23, Question 9) ...... 48
Right to mainstream primary education (Art. 24, Question 10) ...... 50
Right to alternative testing at university (Art. 24, Question 11) ...... 52
Official statistics on university graduates with disabilities (Art. 24, Question 12) ...... 54
Legal requirement for medical practices to be accessible (Art. 25/26, Question 13) ...... 56
16_____ZERO REPORT 2012 CONTENTS
Accommodations in the workplace (Art. 27, Question 14) ...... 58
Statistics on number of persons with disabilities employed by the state (Art. 27, Question 15) ...... 60
Number of employees with disabilities (Art. 27, Question 16) ...... 62
Right to receive necessary support to vote in secret (Art. 29, Question 17) ...... 64
Official statistics on persons with disabilities living in institutions (Art. 31, Question 18) ...... 66
Official statistics on education and employment of those with disabilities (Art. 31, Question 19) ...... 68
State sponsorship of umbrella organisation (Art. 32, Question 20) ...... 70
Designation of "focal points" within government (Art. 33, Question 21) ...... 72
EXCURSUS: AUSTRIAN FEDERAL PROVINCES COMPARISON OF 13 INDICATORS IN GERMAN LANGUAGE
Vergleich von 13 Indikatoren zwischen den österreichischen Bundesländern ...... 74
Executive Summary in deutscher Sprache ...... 76
Barrierefreiheit neuer, öffentlich zugänglicher Gebäude (Art. 9, Frage 1) ...... 82
Zeitrahmen für öffentlich zugängliche Gebäude (Art. 9, Frage 2) ...... 83
Barrierefreie Benutzung von Linienbussen (Art. 9, Frage 3) ...... 84
Anspruch auf finanzielle Unterstützung zur Teilnahme am Leben in der Gesellschaft (Art. 19, Frage 4) ...... 85
Kontrollmechanismus – Aufenthalt in Einrichtungen (Art. 19, Frage 5) ...... 86
Offizielle Statistiken über Universitätsabsolventen (Art. 24, Frage 6) ...... 87
Barrierefreiheit von Arztpraxen (Art. 25, Frage 7) ...... 88
Beschäftigung im öffentlichen Dienst (Art. 27, Frage 8) ...... 89
Zahl der Beschäftigten mit Behinderung (Art. 27, Frage 9) ...... 90
Umfassende Barrierefreiheit beim Wahlrecht (Art. 29, Frage 10) ...... 91
Statistik über in Einrichtung lebende Menschen (art. 30, Frage 11) ...... 92
Statistik über Ausbildung/Beschäftigung (Art. 30, Frage 12) ...... 93
Installierung von „Focal Points“ (Art. 33, Frage 13) ...... 94
Good Practice Examples ...... 96
Awareness Raising/ Policy Implementation
Promoting Access and Inclusion (in Five Countries) ...... 98
Raising Awareness about the UN CRPD (Slovakia) ...... 100
How to Implement UN Standards (Sweden) ...... 102
Assistance
Support for Families (Austria) ...... 104
Professional Sexual Facilitation (Austria) ...... 106
Personal Assistance Cooperative (Austria) ...... 108
Interdisciplinary Commission (Chile) ...... 110
Baby Simulator (Germany) ...... 112
Right to Live in Society (Sweden) ...... 114
ZERO REPORT 2012_____17 CONTENTS
Coaching/Education/Training
Peer-Counseling and Education (Austria) ...... 116
Youth Advocacy of the UN CRPD (in 21 countries) ...... 118 Jobs/Job Creation
Inclusive Job Platform (Austria) ...... 120
Jobs for Persons with Psychosocial Disabilities (Hong Kong) ...... 122
Equal Employment Opportunities (Denmark) ...... 124
Blind Women Detect Breast Cancer (Germany) ...... 126
Dialogue Social Enterprise (Germany) ...... 128
Supporting Persons Finding Employment (Singapore) ...... 130 Hardware/Software/Technical Support
Accessible Electronic Texts (Denmark) ...... 132
Live Transcription (Germany) ...... 134
Accessibility Information for Wheelchair Users (Germany) ...... 136
Guaranteed Access to Facilities (Switzerland) ...... 138 Media/TV Accessibility
Sign Language on TV News (Chile) ...... 140
Sign Language – Web TV (Slovenia) ...... 142
Internet Accessibility (The Netherlands) ...... 144 Data/Statistics
Global Disability Database Project (Africa and Asia) ...... 146 International Cooperation/Development Cooperation
Development Reference Group (Australia) ...... 148
Monitoring the Implementation of the UN CRPD (Burkina Faso) ...... 150
Good Policy Examples ...... 152
Anti-discrimination and equality Laws
Participation in All Areas of Life (Austria) ...... 154
The Right to Equal Opportunities (Spain) ...... 156
The Right to Equality (United Kingdom) ...... 158 Special Laws
Advancing Supported Decision-Making (British Columbia, Canada)...... 160
Universal Access to Justice (Israel) ...... 162
The Right to Inclusive Education (Italy) ...... 164
Safeguarding Human Dignity (Sweden) ...... 166
The Right to Living Independently (Sweden) ...... 168
Annex ...... 170
Remarks, International ...... 172
Erläuterungen Bundesländer Österreich ...... 189
Overview of Weblinks ...... 192
Imprint/Copyright ...... 2
18_____ZERO REPORT 2012 ACKNOWLEDGEMENTS
Acknowledgements
The Zero Project Report would not have been possible with- as nominated Good Policies or Good Practices – were willing out all the broad support that the Essl Foundation received. to share their knowledge with us. This network has, now, We are grateful to the Austrian NGOs for their continuous grown to 56 persons and NGOs, and will be the basis for all support, right from the beginnings of the “Essl Social In- further developments of the Zero Project (see table). We dex”, and the first workshop in April 2009. Heads and ex- thank all the employees from the bauMax company who perts of ÖAR, Caritas, Diakonie, Lebenshilfe, ÖZIV, Hilfsge- helped to strengthen our network, especially in Central and meinschaft der Blinden und Sehschwachen, Seraphisches Eastern Europe. Liebeswerk der Kapuziner helped us develop and test the first indicator system to measure the implementation of the We were really happy that we could start a cooperation with UN CRPD: without their support the Zero Project would not the World Future Council (WFC) by the beginning of 2011. have been possible. The WFC helped us enormously to develop and sharpen our approach towards Good Policy and Good Practice. The re- During this year’s exercise, our cooperations have strength- search and evaluation process of the eight Good Policies, ened further, and, in addition to completing the question- presented in this study, was entirely carried out by the WFC, naire, many of our partners were also extremely helpful in and we are personally grateful to Jakob von Uexkull, the nomination of both Good Practices and Good Policies. Alexandra Wandel and Ingrid Heindorf from the WFC. The We are very happy to have been welcomed by the interna- Zero Project Conference, that presents and discuss the Good tional community of foundations, especially by the European Policies researched, is also organised jointly by the WFC and Foundation Centre (EFC), and the European Consortium of Bank Austria. Its CEO Willi Cernko and its head of sustain- Foundations on Human Rights and Disability (the Consor- ability, Fred Luks, personally supported the “Good Policies tium) within the EFC – the group of foundations that focuses for Disabled People” conference in January 2012. The Zero on disability issues. They helped us to widen the reach of Project Website has been launched together with the team the study to 36 countries. We are especially grateful to of the media agency Kraftwerk, who were very helpful in the Miguel Angel de la Luna, Co-Chair of the Consortium and development of the Zero Project in social media. Robert Maria Orejas, Disability Interest Group Coordinator of the Seeger, Alexandra Steiner and Nina Kasbauer added their EFC, for their personal and ongoing support. knowledge on connectivity and on barrier-free access to the Zero Project. We thank every one of the foundations and NGOs from the 36 countries that have contributed with filling in the ques- On the foundation site, we are grateful to the board of the tionnaire, nominating Good Practices and Good Policies, or – Essl Foundation for generously supporting the Zero Project.
ZERO REPORT 2012_____19 RESEARCH NETWORK
Research Network
Questionnaire respondents Germany Albania Sylvia Brinkman and Martina Menzel, Diakonisches Werk der EKD e.V. Blerta Çani, Albanian Disability Rights Foundation Hungary Argentina Tiborné Szekeres, Egyenlö Esélyekért Alapítvány Víctor Rodríguez, Center for Legal and Social Studies (CELS) Ireland Australia Charles O’Mahony, Centre for Disability Law & Policy, Christine Walton, CBM Australia/Australian Disability and National University of Ireland, Galway Development Consortium (ADDC) Israel Austria Esther Sivan and Sharon Primor, Bizchut - The Israel Human Paul Barbist, Lebenshilfe Tyrol Rights Center for People with Disabilities Albert Brandstätter, Silvia Weissenberg, Lebenshilfe Österreich, Georg Demblin, Caritas Austria Italy Paul Ellmauer, Familienberatung Salzburg Sara Novara, La Fondazione CRT Walburga Fröhlich, aTempo Styria Patrick Fürnschuß, Nicolette Blok, Lebenshilfe Vorarlberg Kosovo Eva Horvath, Rettet das Kind Burgenland Zamira Hyseni Duraku, Kosovo Mental Disability Rights Initiative Eringard Kaufmann, Lebenshilfe Lower Austria Stefan Marchewa, Diakonie Gallneukirchen Macedonia Michael Mellizer, Diakonie del la Tour Carinthia Zoran Stojkovski, Center for Institutional Development – Bernhard Schmid, Lebenshilfe Vienna CIRa
Belgium – Federal State Walloon Mexico Pascale Taminiaux, Foundation Roi Baudouin Sofía Galván, Disability Rights International Antoine Filigonio, AWIPH Agence Wallonne pour l'Intégration Keiran Gibbs, Disability Rights International des Personnes Handicapées Montenegro Bosnia and Herzegovina Anica-Maja Boljevic, Fund for Active Citizenship – fAKT Vesna Bajsanski-Agic, Mozaik Foundation The Netherlands Bulgaria Henry Leerentveld, Social Consultant Tsvetomir Doumanov, Caritas Bulgaria Portugal Canada Helena Vaz da Silva, Fundação Calouste Gulbenkian Anna MacQuarrie, Canadian Association for Community Liv- Joaquim Martins, Lawyer ing (CACL) José Serôdio, Instituto Nacional para a Reabilitação, I.P, INR, I.P Romania Croatia Francisc Simon and Monica Stanciu, "Organizatia Nationala Marijana Jankovic, Udruga za promicanje inkluzije a Persoanelor cu Handicap din Romania" - ONPHR
Czech Republic Serbia Vojtěch Groulík, Letohrádek Vendula Dragana Ciric Milovanovic, Disability Rights International/Mental Disability Rights Initiative MDRI-S Denmark Damjan Tatic, Serbia's National Umbrella Organisation of Signe Højsteen, Disabled Peoples Organisations Denmark DPO – NOOIS
Estonia Slovakia Katarina Seeherr and Katrin Pedaste, Pahkla Camphilli Küla Dušan Mikulec, Lapsi svet
Finland Slovenia Kalle Könkkölä and Juha-Pekka Konttinen, The Threshold Cveto Uršič, Ministry of Labour, Family and Social Affairs Association / VIKE South Africa France Thomas Ong’olo, The Secretariat of the African Decade of Catherine Agius, La Fondation de France Persons With Disabilities
20_____ZERO REPORT 2012 RESEARCH NETWORK
Spain Frank Hoffmann, discovering hands® Lourdes Márquez de la Calleja, Fundación ONCE Rainer Höll, Ashoka Deutschland GmbH Ricarda Wank, Handicap International Sweden Annika Åkerberg, Human Rights Lawyer India Pavithra YS, Vindhya e-Infomedia Pvt Ltd Switzerland Caroline Hess-Klein, Egalité Handicap Ireland Gerard Quinn, Centre for Disability Law and Policy, Univer- Turkey sity Galway, Hanzade Germiyanoğlu, Sabanci Foundation Italy United Kingdom Rita Barbuto, DPI Italia ONLUS Guy Parckar, Leonard Cheshire Disability Sunil Deepak, AIFO (Italian R. Follereau Association)
USA – California Jordan Bruce Curtis, World Institute on Disability Mona Abdeljawad, Higher Council for the Affairs of Persons with Disabilities USA – New York State Mohammed Al-Tarawneh, United Nations Committee on the Arlene Kanter, Syracuse University College of Law Rights of Persons with Disabilities The Netherlands Nominators of Good Practice and Good Policy Paulien Bruijn-Rietveld, Dark and Light (Light for the World)
Australia Norway Christine Walton, Australian Disability & Development Berit Vegheim, Stopp diskrimineringen Consortium Portugal Austria Maria Guida de Freitas Faria/Henrique Cayatte, Fundação Klaus Candussi, aTempo LIGA/Centro Português de Design Gregor Demblin, Career Moves/Caritas Austria Thomas Druyen, Sigmund Freud Privat University Vienna Slovakia Paul Ellmauer, Familienberatungsstelle der Lebenshilfe Iveta Mišová, The Association for Help to People with Mental Salzburg Handicap in the Slovak Republic Bernadette Feuerstein, Selbstbestimmt Leben Österreich - SLIÖ Independent Living Slovenia Wolfgang Glaser, Empowerment-Center der SLI OÖ Frida Planinc, Deaf and Hard of Hearing Clubs Association of Andreas Gruber, Federation of Austrian Industries (ZDGNS) Johanna Mang, Light for the World Irena Reberšak, Zavod Zarja Daniele Marano, Relief Organisation for Cveto Uršič, Ministry of Labour, Family and Social Affairs Austria's Blind and Visually Impaired Eva Oberbichler, Evangelisches Diakoniewerk Spain Gallneukirchen, Austria Jamie Bolling, ENIL - European Network on Independent Otto Perny, Lebenshilfe Lower Austria, Austria Living Eduard Riha, Österreichische Arbeitsgemeinschaft für Beatriz Rabadán López, Fundacion ONCE Rehabilitation (ÖAR) Roswitha Schachinger, WAG Assistenzgenossenschaft Sweden gemeinn. e.Gen. Ingemar Färm, Past President of the Swedish Disability Fed- Ulrike Schneider, Vienna University of Economics eration, HSO Christoph Wallenstein, Wien Work Thorkil Sonne, Specialist People Foundation Angela Wroblewski, Institute for Advanced Studies Switzerland Bulgaria Miriam Baumgärtner, Center for Disability and Integration, Tsvetomir Doumanov, Caritas Sofia, University of St. Gallen Barbara Murray, International Labour Organisation Canada Peter Eyvindson, Broken Wings Missions Inc. United Kingdom Nolan Quigley, formerly with Leonard Cheshire Disability Chile María Soledad Cisternas Reyes, United Nations Committee USA on the Rights of Persons with Disabilities Dale Buscher, Women's Refugee Commission, Joan Durocher, National Council on Disability Germany Steve Jacobs, Apps4Android, Inc Theresia Degener, United Nations Committee on the Rights Rosita Najmi, The Center for Financial Inclusion at ACCION of Persons with Disabilities International
ZERO REPORT 2012_____21 ABOUT THE ZERO PROJECT-REPORT
About the Zero Project Report
About the Essl Foundation tion of the United Nations Convention on the Rights of The Essl Foundation was established in March Persons with Disabilities (UN CRPD). It was not in- 2008. Its purpose, established in the deed of founda- tended that the Essl Social Index replace the supervi- tion, is: to support people in need and to promote sory, control and reporting mechanisms that exist at public awareness about the necessity of support for various levels, but, rather, provide them with addi- those in need and to provide the individuals concerned tional instruments, arguments and facts and to rein- with appropriate training. In particular, persons with force them. Specifically, the detailed information pro- disabilities, social innovation and social entrepreneur- vided by the Essl Social Index indicators would ship are all supported. Sharing the mission of work- complement and reinforce the monitoring process stip- ing towards a world with zero barriers. ulated as part of the UN CRPD. Since 2008, the Essl Foundation has begun several ac- The survey was based on questionnaires sent out to ex- tivities, first and foremost the Essl Social Prize for perts in various countries, and also in the nine Austrian experienced social entrepreneurs to develop social in- federal states, where different laws and practices apply. novations that benefit people in need. The Essl Foun- Since the Essl Social Index was initially developed to- dation also supports Ashoka in Austria and interna- gether with Austrian NGOs and experts, it was natural tionally. In addition, it cooperates with a group of to include an “Austrian section” in the survey. The Essl foundations and philanthropists in Austria to promote Social Index Pilot Study was published in November the social innovation and venture philanthropy called 2010 and received considerable attention in Austria and Sinnstifter. internationally. The Essl Foundation evaluated the feed- The Essl Foundation is closely connected to the bau- back that it received and also approached experts, per- Max company, one of the biggest retail chains in Cen- sons with disabilities, academics, NGOs, politicians and tral and Eastern Europe specialising in home improve- the media, etc. Based on the aggregated responses, the ment. bauMax was founded in 1976, currently runs decision was made to start the Zero Project. 155 markets in nine countries, and employs around 11,000 people. The three key aspects of the Zero Project The company has a strong ethical foundation, based The present Zero Project Report is part of the Zero on the Protestant Christian beliefs and ethics of its Project that was launched in 2011 by the Essl Founda- founding family. The support and employment of per- tion. The overarching mission of the Zero Project is to sons with disabilities is core to the business ethics of improve the living conditions of persons with disabili- the bauMax group, but not only that: employing more ties. It creates platforms for sharing and developing than 250 persons with disabilities – with a focus on models that clearly improve the daily lives and legal persons with intellectual disabilities – has proven to be rights of persons with disabilities. It does this by in- a key factor in the corporate culture of bauMax and cluding persons with disabilities themselves at various plays a significant part in its business strategy. The stages of the decision-making process. At this time the support of persons with disabilities is, likewise, at the Zero Project has identified three areas of work where core of the Essl Foundation's activities. Issues like em- platforms are – after intensive talks with various ployment or accessibility are common to both the Essl stakeholders and persons with disabilities – much Foundation and bauMax, and can be tackled from both needed and welcome: the philanthropic and the entrepreneurial sides. 1. Social indicators that compare and measure the implementation of the CRPD: Since ANED, Fo- 2010: The Project “Essl Social Index” cal Points and shadow reports also measure its imple- In 2009, the Essl Foundation started the “Essl Social mentation, using, in part, social indicators of their Index”, a pilot study to develop social indicators. The own, the biggest need is seen in adding indicators that indicators were aimed at measuring the implementa- are based on examples and anecdotal evidence, and
22_____ZERO REPORT 2012 ABOUT THE ZERO PROJECT-REPORT
can be easily researched and communicated. The sys- exercise of rights by persons with disabilities, that pro- tem of Zero Project Indicators will contribute argu- vide them with the opportunities to participate fully in ments to the discussion, helping support those who society and with the adequate means to claim their work to implement the CRPD nationally or even re- rights, and are therefore likely to perform well apply- gionally. ing the Future Just Lawmaking Methodology adopted 2. Good Practice: Good Practices were a kind of by- by the World Future Council. product of the pilot study in 2010. Respondents to the questionnaire supplied them in some cases to il- The three communication channels lustrate their answers. The editing team compiled of the Zero Project them and added them to the report. It turned out The Zero Project establishes three communications that these Good Practices were highly regarded by channels to promote its key fields of activity: the readers of the report, since they often supplied 1. The present Zero Project Report. It will be pub- them with proven solutions to their existing prob- lished either annually or biannually in the future, and lems. At the core of the Zero Project is a platform will summarise all results of the Zero Project. The Zero for Good Practices that helps decision-makers Project Report is based on research done between May to improve the implementation of the CRPD and and September 2011, containing all three parts of the improve the lives and legal rights of persons project: Social Indicators, Good Practice and Good Pol- with disabilities. The platform is designed as a icy. It is published in English, with the exception of the dedicated database for decision-makers, and to ac- parts covering the Austrian states, which are in German. tively involve various kinds of stakeholders and ex- 2. The Zero Project Website. It will be officially perts, who nominate, comment, appraise and evalu- launched in January 2012. Its design is based on social ate Good Practices. The Zero Project distinguishes media and will act as an interactive platform for every- between Good Practices that – primarily in a “bottom one who is interested in Social Indicators, Good Prac- up” approach – are developed by persons with dis- tice and Good Policy in the field of disability. Participa- abilities themselves, by NGOs, entrepreneurs, aca- tion will be possible in various ways, but with the demics, etc., and improve the situation of those with overarching aim of highlighting the best solutions for disabilities with new technologies, new ways of com- creating change for the better. At this stage, therefore, munication or advocacy, education systems, removal the focus will be on Good Practice and Good Policy. of barriers, employment models, etc., and Good Poli- 3. The Zero Project Conference. The Zero Project cies that – primarily in a “top down” approach - have Conference, which will be organised in Vienna on 22 been implemented and have been demonstrated to and 23 January 2012 for the first time, concentrates improve significantly the lives and legal rights of per- on Good Policies. To research and select Good Policies, sons with disabilities, thus, advancing social change. as well as to participate in organising the conference, 3. Good Policy: Good Policies that advance dis- the Zero Project has teamed up with the World Fu- abled people’s rights under the principles of the ture Council, a foundation founded by Jakob von UN Convention can originate in many different areas, Uexküll informing policy-makers about future just solu- from respect for inherent dignity, individual autonomy tions and advising them on how to implement them. and independence, to full and effective participation After a multi-level research and evaluation process, ap- and inclusion in society, to equality of opportunity, and plying the Future Just Lawmaking Methodology accessibility. Either of a regional or national nature, adopted by the World Future Council, finally, an inter- they have been in existence long enough to prove national Scientific Advisory Board selected the their effective implementation and, most importantly, Good Policies to be presented to, and discussed with, deliver identifiable improvements – today and in the 200 stakeholders and decision makers at the Interna- future. Good Policies are inspiring, innovative and ef- tional Conference on “Good Policies for Disabled Peo- fective policies that reflect a holistic perspective, that ple”. The conference is generously supported by Bank overcome the social, legal, economic, political and en- Austria, which is also hosting this event, and to which vironmental conditions that act as barriers to the full we are most grateful.
ZERO REPORT 2012_____23 ABOUT THE ZERO PROJECT-REPORT
Details of the Social Indicator system • Foundations (with strong support from the European The Zero Project Social Indicators are specifically Foundation Centre) aimed at rendering international (or in federalist gov- • NGOs with international connections ernment systems also internal) differences transparent • International networks of scientists and experts and tangible. Using key figures, the Zero Project Social Altogether 56 persons and organisations contributed to Indicators condense the overall picture in one country the survey (see list on p. 20). The follow-up and sum- (or province) and, in doing so, help render it both marising was carried out by the Essl Foundation. transparent and comparable as well. This is reinforced by a simple optical traffic light colour code: Background of the Good Practice Research The Essl Foundation has created an international GREEN: in the respective country/province the prob- network of more than 100 persons with disabili- lem addressed is satisfactorily solved; ties, NGOs, social entrepreneurs, foundations, net- ORANGE: in the respective country/province the prob- works, media, companies (e.g. infrastructure lem addressed is partially/sometimes solved; providers), academics, administration staff, politicians RED: in the respective country/province the problem etc. who have not only proven to be experts in their addressed is not satisfactorily solved. fields, but have proven their willingness to contribute to the Zero Project (and its predecessor, the Essl So- Various articles, specifically Articles 8-33, of the UN cial Index). Based on that network a four-stage Convention serve to underpin the questions asked. process was developed to select the most out- For most of the articles this is not possible, however. standing Good Practices. In this regard, specific facts had to be selected based 1. The network was asked to nominate (up to 3) Good on the characteristics of representativeness, objectiv- Practices using a questionnaire in which the Nomina- ity and surveyability. tors also had to fill in details about their nominations and reasons why they considered them as outstand- Requirements of the Social Indicators ing. Altogether 70 projects, products, organisa- for the Zero Project Report tions etc. were nominated as Good Practices. • Measurable, representative and comparable facts 2. In a second step, experts at the Essl Foundation as- • Surveyability with reasonable effort and costs by in- sessed the nominations based on basic research. 30 ternational experts and NGO networks in the ab- nominations passed this hurdle. The criteria for select- sence of available statistics and figures ing Good Practices were: outstanding innovation, • Selectivity so that, to some degree, there are solu- proof-of-concept, potential to be scaled up and inter- tions in at least one of the countries considered nationalised, potential for improvements in both quali- • Objective surveyability, independent of the respon- tative and quantitative terms. dent and questioner 3. In the next step, the nominated organisations were • Simple, understandable language for the questions contacted to provide in-depth information about them- and clearly specified options for response selves and authorise the research results to be used • Long-term representativeness and published as part of the Zero Project. 27 nomina- • Representative consideration of various groups tions were involved in this final selection step. among persons with disabilities 4. Finally, all the respondents of the questionnaire • Avoidance of questions in which the definition of dis- (except the Czech Republic and the UK) also assessed ability plays a role, as this definition varies ex- the importance of the selected Good Practices to their tremely in different contexts own countries. This they did considering relevance, • Illustration of concrete problems or laws for which importance and practicability issues. Each respondent improvement can occur as directly as possible could choose up to 10 Good Practices for his/her • Possibility for supplementary descriptions. country. They were marked with a “black traffic light”, all the others remained white. Thus, in every descrip- The survey was conducted using questionnaires, in the tion of the Good Practice, the number of “black lights” spring and summer of 2011, by: indicates how important it is considered. These 27
24_____ZERO REPORT 2012 ABOUT THE ZERO PROJECT-REPORT
Good Practice are not only published in the present demics, was established. Its role was to discuss, on report, but will also be at the core of the Zero Project the basis of the final evaluation report, and to de- Website. Some of them will also take part and con- cide, which policy frameworks indicate the best solu- tribute to the Zero Project Conference. tions for protecting and guaranteeing disabled peo- ple’s rights, and which can serve as examples and Background of the Good Policy Research good practice to other countries or regions. Cognizant of the fact that laws are fundamental instru- ments to implement the UN Convention on the Rights of The international Scientific Advisory Board Persons with Disabilities by setting principles and guide- 1. Stefan Trömel, Executive Director, International Dis- lines of action for millions of people, organisations and ability Alliance, Spain companies, the Essl Foundation entered into part- 2. Prof. Anna Lawson, Senior Lecturer, School of Law, nership with the World Future Council, a Hamburg- Faculty of Education, Social Sciences and Law, Univer- based foundation advising and advancing policy change. sity of Leeds, and Member of the Scientific Advisory Together, the World Future Council and the Essl Foun- Board of the European Commission’s Academic Net- dation reached out to their networks, to all UN CRPD work of European Disability experts (ANED), UK Committee members, and disability rights organisa- 3. Marko Vuoriheim, Special Representative for Pro- tions around the world, asking for nominations of Good moting the Rights of People with Disabilities to Alexan- Policy. This network provided 18 policies from 14 coun- der Stubb, Finnish Minister of Foreign Affairs, and Hip- tries, from the Middle East (2), from Latin America (1), hop artist “Signmark”, Finland from North America (2), from Europe (12) and from 4. Oliver Lewis, Executive Director, Mental Disability Australia (1). Advocacy Centre, Hungary 5. Dr Adolf Ratzka, Founder and Co-Director, Inde- This year the research, evaluation and selection pendent Living Institute, Sweden process of the nominated policies has been carried out 6. Prof. Gerard Quinn, Director of the Centre for Dis- by Ingrid Heindorf (political scientist, MA in Interna- ability Law & Policy, NUI Galway School of Law, Ireland tional Relations Hons), Policy Officer for Disabled Peo- 7. Mr Miguel Angel Cabra de Luna, Director for Social ple at the Just Societies Programme of the World Fu- Relations, International Affairs and Strategic Planning, ture Council. The researcher applied the Future Just Fundacion ONCE and Co-Chair of the EFC Consortium Lawmaking Methodology adopted by the World Fu- of Foundations on Human Rights and Disability, Spain ture Council (WFC), conducted interviews with repre- 8. Dr. Valentin Aichele, Head of the CRPD National sentatives from governments, science or academia and Monitoring Committee, German Institute for Human non-governmental organisations for each of the nomi- Rights, Germany nated policies, and produced a final evaluation report. 9. Dr. Klaus Voget, President, National Council for Per- In addition, the researcher drew on the Guidelines for sons with Disabilities, Austria the UN CRPD Implementation: A tool for assessing 10. Javier Güemes, Acting Director, European Disability progress, provided as Annex I to the Study on Chal- Forum, Belgium lenges and Good Practices in the implementation of 11. Alexandra Wandel, Director, World Future Council, the UN Convention on the Rights of Persons with Dis- Germany abilities VC/2008/1214, conducted by the European Foundation Centre. The Board discussed and commented upon all policies evaluated by the World Future Council Research De- In order to select the policies to be presented and partment in two steps: firstly, anti-discrimination laws discussed at the International Conference on and, secondly, the policies related to other UN CRPD “Good Policies for Disabled People” a transna- articles. Out of the 18 policies nominated, only tional Scientific Advisory Board composed of eight qualified as Good Policies, and they will all be renowned experts, including people from the disabil- presented at the International Conference on “Good ity rights movement, international organisations and Policies for Disabled People”, to be held on 22-23 Janu- national human rights institutions, and leading aca- ary 2012 in Vienna, Austria.
ZERO REPORT 2012_____25 ABOUT THE UN CONVENTION
About the UN Convention on the Rights of Persons with Disabilities
The United Nations Convention on the Rights of Per- munities or society is to be developed more strongly sons with Disabilities is an international agreement than before. that specifies the human rights that already exist for The UN Convention does not require “integration”, disabled persons. For this reason fundamental human rather “social inclusion”. This means participation in rights are also found in the text of the agreement, society to the full extent, while, at the same time, pre- such as the right to life and the right to liberty of serving autonomy and independence. Under the Gen- movement. eral Principles (Art. 3) it says: “Full and effective par- The implementation of the Convention by the States ticipation and inclusion in society”. “[r]espect for Parties is supported by a United Nations body, the UN difference and acceptance of persons with disabilities Committee on the Rights of Persons with Disabilities, as part of human diversity and humanity”. the headquarters of which is in Geneva. By aiming to liberate persons with disabilities from Like all human rights conventions, the Convention is having to view themselves as a “deficit”, the Conven- directed primarily toward the state as guarantor of tion simultaneously aims to liberate society from an in- these rights. The state ratifies the Convention and is correctly understood fixation on health, by which all thus legally obliged to implement it. those who fail to satisfy the imperatives of fitness, youth and continuous performance are pushed to the Origin and entry into force margins. The Convention and Optional Protocol were adopted on The Convention is based on an understanding of dis- 13 December 2006 at the headquarters of the United ability which explicitly affirms every form of physical, Nations in New York. The Convention, as well as the mental or sensory impairment as a normal aspect of Optional Protocol, entered into force on 3 May 2008 af- human life and human society and also appreciates ter 20 states had ratified the Convention. them as a potential source of cultural enrichment (“di- versity approach”). Persons with a disability should be As of 1 November 2011, 153 states had signed the able to live with all others and to feel a sense of be- Convention and 106 states had ratified it. 90 had longing. signed the Optional Protocol and 63 had ratified it. In 2011 alone, the CRPD was ratified by Romania, Togo, The most important points of the UN Convention, Colombia, Belize, Cyprus, Pakistan, Bahrain, Luxem- which, on the other hand, represent the greatest need bourg and Cape Verde. for action for many states, include: In addition to the EU itself, all its 27 member states Equal recognition before the law (in accordance had signed the Convention and 19 had ratified it. 22 with Art. 12 of the Convention) – According to the had signed the Optional Protocol, and it had been rati- text of the Convention, the States Parties of the Con- fied by 16 countries. Bulgaria, Estonia, Finland, vention shall take appropriate measures to provide Greece, Ireland, Malta, the Netherlands and Poland persons with disabilities with access to the support have still to ratify the Convention. they may require in exercising their legal capacity. Thus persons with disabilities or mental illness are to Aims of the UN Convention be provided with legal support – not a representative – The Convention seeks to promote the equality of op- rather than fundamentally deprived of their legal ca- portunity of persons with disabilities and to prohibit pacity. their discrimination in society. The critical potential of Access to justice (in accordance with Art. 13 of the human rights versus involuntary exclusion from com- Convention) – As a general rule, for disabled persons
26_____ZERO REPORT 2012 ABOUT THE UN CONVENTION
the principle of barrier-free access applies: blind or vi- Participation in cultural life, recreation, leisure and sually impaired persons shall have legally relevant sport (in accordance with Art. 30 of the Convention) texts read to them or made accessible in another man- Statistics and data collection (in accordance with ner. Hearing or speech impaired persons shall be pro- Art. 31 of the Convention) – States Parties shall un- vided with the required assistance at hearings. Cogni- dertake to collect appropriate information, including tively impaired persons have a right to have legal statistical and research data, which enables them to documents explained to them in a language they un- formulate and implement policies to give effect to the derstand. present Convention. Liberty and security of person (in accordance with Implementation of Focal Points to monitor the imple- Art. 14 of the Convention) – The existence of a dis- mentation of the CRPD (Art. 33 of the Convention) ability shall in no case justify a deprivation of liberty. Living independently and being included in the com- Implementation of the UN Convention munity (in accordance with Art. 19 of the Conven- The ratification of the UN Convention obliges a country tion) – This right includes the freedom to choose the to implement it according to international laws, which place of residence and the freedom to decide where means in most countries that the national parliament and with whom to live. Obliging persons with disabili- has voted in favour of the ratification and the Conven- ties to live in particular living arrangements is also tion becomes an integrated part of the national law contrary to the law. Access to community support and judicial systems. services at home and in institutions, including personal assistance necessary to support living and inclusion in Nonetheless, as many critics of the Convention re- the community shall also be guaranteed. Isolation or mark, how it is implemented or within what time- segregation from the community are to be prevented frame is not addressed. Some preemptive steps have in this manner. been taken within the Convention against potential in- activity and the articles include an extensive monitor- Education (in accordance with Art. 24 of the Con- ing system. Nations who sign the additional Protocol vention) – No one may be excluded from the general even subject themselves to two procedures estab- system of education. In accordance with the UN Con- lished to strengthen the procedure, including the right vention on the Rights of Persons with Disabilities, stu- of individuals to bring petitions directly to the Commit- dents with physical or mental disabilities shall be tee claiming breaches of their rights. taught in regular schools and institutions of tertiary education. Endeavours to support Health (in accordance with Art. 25 of the Conven- the implementation tion) – The right to the highest attainable standard of Acknowledging the importance of the Convention and health. its unique opportunities to support the rights of per- Habilitation und Rehabilitation (in accordance with sons with disabilities, various endeavours are under- Art. 26 of the Convention) – Not only professional as- wary to support its implementation, amending the offi- sistants, but also other persons with disabilities (peer cial monitoring systems. support) shall support persons with disabilities in order In several countries, local NGOs, or their umbrella or- to ensure maximum independence, full physical, men- ganisations, are publishing annual or bi-annual tal, social and vocational abilities. “shadow reports” and file them with the Committee. Work and employment (in accordance with Art. 27 The European Union supports ANED (Academic Net- of the Convention) – Right to gain a living by work. work of European Disability experts), which works on a broad social indicator system to measure the living Adequate standard of living and social protection (in conditions and legal situation of persons with disabili- accordance with Art. 28 of the Convention) ties. Various other efforts are being undertaken by the Participation in political and public life (in accor- EDF (European Disability Forum) and other organisa- dance with Art. 29 of the Convention) tions on different levels.
ZERO REPORT 2012_____27 INDICATORS – INTERNATIONAL COMPARISON
Signature & Ratification of the Convention Accessibility of newly constructed buildings with public access _ 01 Legal timeframe for existing buildings with public access to be made accessible _ 02 Accessibility of public buses _ 03 National emergencies: accessible early warning system _ 04 Partial guardianship _ 05 Sign language in the courts _ 06 Financial support for inclusion in the community _ 07 Right to leave institution safeguarded _ 08 Right to marry, have and raise children _ 09 Right to mainstream primary education _ 10 Right to alternative testing at university _ 11 Official statistics on university graduates with disabilities _ 12 Legal requirement for medical practices to be accessible _ 13 Accommodations in the workplace _ 14 Statistics on number of persons with disabilities employed by the state _ 15 Number of employees with disabilities _ 16 Right to receive necessary support to vote in secret _ 17 Official statistics on persons with disabilities living in institutions _ 18 Official statistics on education and employment of those with disabilities _ 19 State sponsorship of umbrella organisation _ 20 Designation of "focal points" within government _ 21 INDICATORS – INTERNATIONAL COMPARISON
INTERNATIONAL COMPARISON OF 21 INDICATORS INDICATORS – INTERNATIONAL COMPARISON
SIGNATURE & RATIFICATION OF THE CONVENTION
Which states have signed and ratified the Convention?
BRIEF EXPLANATION OF THE QUESTION SUMMARY OF RESULTS The Convention and the Optional Protocol were Of the countries that participated in the survey, passed on 13 December 2006 at the seat of the 25 countries had ratified the Convention, nine coun- United Nations New York. The Convention, as well as tries had signed but not ratified it, and neither Kosovo the Optional Protocol entered into force on 3 May nor Switzerland had either signed or ratified it." 2008 after 20 states had ratified the Convention. The Optional Protocol had been ratified by 20 coun- As of November 1 2011, 153 states had signed the tries and signed, but not ratified, by a further six Convention and 106 states had ratified it. 90 had countries. And, Switzerland and Kosovo aside, only signed the Optional Protocol and 63 had ratified it. In eight countries out of the 36 had not signed the Op- 2011 alone, the CRPD was ratified by Romania, Togo, tional Protocol. Colombia, Belize, Cyprus, Pakistan, Bahrain, Luxem- bourg and Cape Verde. FURTHER INFORMATION In addition to the EU itself, all of its 27 member states http://www.un.org/disabilities/countries.asp?id=166 had signed the Convention and 19 had ratified it. 22 had signed the Optional Protocol, and it had been rati- fied by 16 countries. Bulgaria, Estonia, Finland, Greece, Ireland, Malta, the Netherlands and Poland have still to ratify the Convention.
30_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
SIGNATURE & RATIFICATION OF THE CONVENTION
Albania (ALB) Kosovo (RKS)
Argentina (ARG) R Macedonia (MKD) S
Australia (AUS) R Mexico (MEX) R
Austria (AUT) R Montenegro (MNE) R
Belgium – Federal State Walloon (BEL) R Netherlands (NED)
Bosnia and Herzegovina (BIH) R Portugal (POR) R
Bulgaria (BUL) S Romania (ROU) S
Canada (CAN) Serbia (SRB)
Croatia (CRO) R Slovakia (SVK) R
Czech Republic (CZE) R Slovenia (SLO) R
Denmark (DNK) R South Africa (RSA) R
Estonia (EST) R Spain (ESP) R
Finland (FIN) S Sweden (SWE) S
France (FRA) R Switzerland (SUI)
Germany (DEU) R Turkey (TUR) R
Hungary (HUN) R United Kingdom (UK) R
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA) R
• The state has ratified the UN Convention. The “R” and “S” • The state has not signed the UN Convention indicate that the state has, respectively, also ratified or signed the Optional Protocol
• The state has signed the UN Convention, but has not yet ratified it. The “S” indicates that the state has also signed the Optional Protocol
SELECTED REMARKS RKS: As of 1 November 2011 Kosovo was not a UN Member State.
ZERO REPORT 2012_____31 INDICATORS – INTERNATIONAL COMPARISON
ACCESSIBILITY OF NEW BUILDINGS
1. Are all newly constructed buildings, to which there is public access, required by law to be accessible?
RELATES TO CONVENTION – ARTICLE NO. and respected sets of criteria. This ensures both that 9 Accessibility it meets the interest of all persons with disabilities, and that it conforms to the highest standards.” BRIEF EXPLANATION OF THE ARTICLE To enable persons with disabilities to live independ- SUMMARY OF RESULTS ently and participate fully in all aspects of life, they In the significant majority (27, together with both must be ensured “access, on an equal basis with oth- California and New York state in the USA) of the 35 ers, to the physical environment and to other facilities countries surveyed this year there was legislation in and services open or provided to the public, both in place covering accessibility to both all newly con- urban and rural areas.” structed buildings and all disabilities. The Convention further calls for appropriate measures While such legislation exists in all countries surveyed, to develop, promulgate and monitor the implementa- in those countries where a qualified “Yes” was given tion of minimum standards and guidelines for the ac- as an answer, the most common reason given for cessibility of facilities and services open or provided to qualification was that accessibility did not cover all the public. disabilities, with more consideration being given to persons with impaired mobility. BRIEF EXPLANATION OF THE QUESTION As always, however, the existence of legislation does The review included three questions on the topic of not necessarily mean that it is implemented. universal accessibility and the absence of barriers. This question addresses the relatively simple and in- expensive measure of requiring (only) newly con- structed buildings to feature universal accessibility. However, it intentionally includes not only “public buildings” (ministries, courts, etc.), but also buildings “to which there is public access”, for example, super- markets, cinemas, hotels and restaurants. It also asks directly about comprehensive accessibility to persons with all types of disabilities, since the vision-impaired tend to be given less consideration than persons with impaired mobility. An additional definition of universal accessibility, and the absence of barriers, was also given by stating that: “Accessibility should be based on widely known
32_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
1. ACCESSIBILITY TO NEW BUILDINGS
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Legislation is in place and covers all newly constructed • There is legislation only for certain newly constructed buildings to which there is public access and all buildings. Or they are accessible only to persons with disabilities. certain disabilities, etc.
• There is no such legislation.
SELECTED REMARKS ALB: Legislation for all kind of buildings, newly constructed and also those under reconstruction have the duty to make them accessible. Legislation covers some kinds of disabilities. However, the main issue remains the lack of implementation and often there are coordination issues among the responsible actors. HRV: Buildings generally have access to persons with physical disabilities but not for example "floor guides" for blind persons or sound information in an elevator. MEX: The General Law for the Inclusion of Persons with Disabilities (GLIPD) – that entered into force on 31 May 2011- states that persons with disabilities are entitled to accessibility. Public buildings are subject to Art. 17 which provides that it is universal, compulsory and adapted for all persons; including the use of signage and guide dogs, among others. Art.18 states that new public and private buildings must include considerations of accessibility in the architecture. SWE: Many of the laws concerning accessibility relate only to persons with limited mobility and orientation capacity. This leaves out all those others in Sweden who are covered by the Convention. UK: The UK has both building regulations that require new buildings to be developed to a certain standard, and anti-discrimination legislation that requires “reasonable adjustments” to be made to ensure that any public services is accessible to disabled persons.
ZERO REPORT 2012_____33 INDICATORS – INTERNATIONAL COMPARISON
LEGAL TIME FRAME FOR ACCESSIBILITY
2. Is there a legal time frame for all existing buildings to which there is public access to be made accessible to those with disabilities? If “Yes”, by when?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 9 Accessibility Only eight of the countries surveyed (together with California) actually had regulations in place requiring BRIEF EXPLANATION OF THE ARTICLE accessibility by 2015. In Turkey, for example, the See Question 1. deadline is 2011, while in Montenegro it is 2013. In 11 countries (together with New York state) no BRIEF EXPLANATION OF THE QUESTION such legislation currently exists. This question asks whether deadlines exist by when In those 16 countries answering with a qualified “Yes”, all existing buildings with public access must be made qualifications included: deadlines as far out as 2021 accessible. This question was selected as an extension (Israel), missed deadlines – 1997 (Argentina) and to Question 1 because, without a deadline for existing 2010 (Sweden), consideration of only certain disabili- buildings, it would take decades for general accessibil- ties (Serbia) and a requirement only when buildings ity to be achieved. undergo renovation, restoration etc (Italy). How and whether legislation, where it exists, distin- guishes between “public” buildings and “buildings to which there is public access” was not noted.
34_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
2. LEGAL TIME FRAME FOR ACCESSIBILITY
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• All existing buildings to which there is public access are • Not all buildings are included. Or the law may only apply required by law, without exception, to be fully accessible to the courts or public administration buildings. Or the law to those with disabilities by 2015 – at the latest. covers only certain disabilities. • There is no such legislation.
SELECTED REMARKS ARG: Law 24.314 complemented by Law 22.431 established a maximum period of 3 years from the date of entry into force (1994), however only considered the reforms necessary for accessibility of buildings and spaces for public use by mobility impaired wheelchair users. At the present time (2011) not all the buildings and public spaces are accessible and new deadlines have not been set for the complete compliance. In the area of the City of Buenos Aires legal actions have been filed to enforce compliance with this Law. IRL: The building regulations apply to construction of new buildings after 1 January 2001 and any extension work or renovations carried out after this date. Certain parts of the regulations apply to existing buildings where a material change of use takes place. Section 25 of the Disability Act 2005 requires that the Department ensure its public buildings are, as far as practicable, made accessible to persons with disabilities and that it do so no later than 2015. ITA: In general, when existing public buildings and buildings with public access undergo a process of renovation, restoration or maintenance, accessibility criteria are required. UK: There is already legislation in the UK requiring all providers of goods and services to make reasonable adjustments (including to the physical accessibility of buildings and services) to ensure that any goods or services made available to the public are accessible to disabled persons. However, the law does not require specific standards to be met, it requires whatever can “reasonably” be done to be done to make a building accessible. This could mean, for example, that if the costs of making a building accessible were prohibitively high then that building could be left inaccessible.
ZERO REPORT 2012_____35 INDICATORS – INTERNATIONAL COMPARISON
ACCESSIBILITY OF PUBLIC BUSES
3. Are all public buses in the state's capital accessible to those with disabilities?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 9 Accessibility In only two of the countries surveyed were none of the buses in the capital accessible: Kosovo and Mon- BRIEF EXPLANATION OF THE ARTICLE tenegro. On the other hand, in only three countries, Article 9 of the UN Convention refers several times to Israel, the Netherlands and the UK (together with Cal- the accessibility of public transportation, emphasising ifornia) were the buses fully accessible, with trained that minimum standards for all types of disabilities drivers. must be established. This includes not only the re- In the vast majority of capitals surveyed, at least moval of physical barriers, but also training for some buses were accessible to some persons with dis- “stakeholders” (in this case, the employees of trans- abilities. The situation in none of them, however, was portation companies and, indirectly, other passengers ideal. Of the qualifications provided, one of the most as well), plus the use of generally accessible signage common was lack of training on the part of drivers. In and electronic information systems as required to en- some of the countries, only the newer buses were ac- sure universal accessibility to persons with mental cessible, and in several others (Croatia, Portugal and disabilities or visual impairments. Sweden) there were issues regarding consideration of disabilities other than those affecting mobility. BRIEF EXPLANATION OF THE QUESTION Where figures were provided, significant proportions The bus system in the capital of a country (or of bus fleets are accessible (Belgium – Wallonia: 57 province) was selected as an appropriate indicator for percent, France: 70 percent and Ireland: 88 percent). measuring the accessibility of a transportation sys- tem. Buses are a critical means of public transporta- tion in all large cities (in contrast to tram lines and metro systems, which do not exist everywhere). In the interests of clarity and focus, it should be ac- cepted that the question is intentionally restricted to the (typically better) transportation situation in larger cities. Accessibility options for the vision-impaired and persons with mental disabilities were also specifically included in the question.
36_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
3. ACCESSIBILITY TO PUBLIC BUSES
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• All such public buses are accessible to all those with dis- • Some buses cannot carry two (2) wheelchairs, or some abilities. In particular, drivers are trained and each bus buses are not accessible to all those with disabilities or can carry two (2) wheelchairs. drivers are not trained.
• None of the state capital's buses is accessible to those with disabilities.
SELECTED REMARKS BIH: They are accessible, but a person is dependent upon the driver’s mood or knowledge [of how] to lower the bus. HRV: Some buses are still not accessible to persons with disabilities; the drivers are not trained, they merely have [a] "recommendation" to help; also, if most of buses are accessible, bus stops misfits (sic) sometimes; only new buses and trams have "sound information” for blind persons. IRL: According to Dublin 88 percent of the Dublin Bus fleet is low floor wheelchair accessible and it is expected that the total fleet will be accessible by 2011. 70 percent of all Dublin Bus routes are accessible, while 40 percent of Dublin Bus stops have been installed with low floor accessible kerbing. All drivers are trained in disability awareness. MKD: There are no trainers who will train the drivers how to approach the persons with disabilities. The new buses are made with special ramps for lifting the wheelchairs, but they are rarely used. SRB: There is a small number of accessible buses, but the public transportation company in Belgrade adopted the policy that all new vehicles must be accessible. There are also assistants in some buses that help persons using wheelchairs. Persons with disabilities also can book/call for a public vehicle to get from one place to another. UK: Buses in London are all now “accessible”, although there is a wide variation in levels of accessibility across the whole country. There are also still some reports of accessibility being let down by a lack of training or, for example, ramps up to buses not being operable.
ZERO REPORT 2012_____37 INDICATORS – INTERNATIONAL COMPARISON
EARLY WARNING SYSTEM FOR NATIONAL EMERGENCIES
4. In national emergencies, is the state’s early warning system universally accessible?
RELATES TO UN CONVENTION – ARTICLE NO. cause our respondent could not prove the existence of 11 Situations of risk and humanitarian emergencies “easy read” formats.) A particular hurdle in making such systems univer- BRIEF EXPLANATION OF THE ARTICLE sally accessible is reaching those who are deaf or The UN Convention contains a separate article on sit- have hearing impairments. Of the six countries sin- uations of risk and humanitarian emergencies, and in- gling out this issue in particular, three (Belgium, Ire- cludes rights to food, water, the right to protection land and Italy) indicate that efforts are currently be- from infectious diseases and the right to education. ing made to address it. Australia already employs Since minorities as well as persons with disabilities SMS and, of these three, Belgium’s “Crisis Alert by are frequently “forgotten” during many catastrophes, Text” system will start to be implemented in the last this has also been included in the UN Convention as a quarter of 2011. The delivery of a visual warning at separate point. home will, however, be predicated on possession of a suitable apparatus to convey that warning, for exam- BRIEF EXPLANATION OF THE QUESTION ple a mobile phone or a television, and that it is In the context of this survey, it is only possible to in- turned on: this is not, of course, something that can quire about measures that are taken in the event of a be guaranteed. national emergency. One particular requirement for all measures – in any country – is that the emergency alarm must also reach all persons with disabilities in good time (simultaneously). The siren alarms used in most countries are not sufficient to meet this crite- rion, particularly for the hearing impaired. The question also elicits an important answer should no such early warning system actually exist.
SUMMARY OF RESULTS It is, in itself, alarming that 60 percent (19) of the countries that responded to this question have early warning systems that have not been designed to be universally accessible. And that only three countries (Denmark, the Netherlands and the UK), together with New York state, actually do. (Only Australia does not consider itself a member of this category only be-
38_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
4. EARLY WARNING SYSTEM FOR NATIONAL EMERGENCIES
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• The state's early warning system is universally accessible • The early warning system has not been designed to be to all those with disabilities. universally accessible to all those with disabilities.
• The early warning system is accessible only to those with certain disabilities, for example hearing disabilities, or only at certain times of day.
SELECTED REMARKS BEL: The internal Service Public Fédéral (SPF) has been collaborating for over a year with the Fédération Francophone des Sourds de Belgique" (FFSB), la "Federatie van Dovenorganisaties" (FEVLADO) and TELECONTACT to develop a project known as “Crisis Alert by Text”. The alert system that this provokes will be gradually implemented during the last quarter of 2011. IRL: The government committee charged with planning for a national emergency have indicated they will keep persons informed through TV and radio announcements. As such, IF the TV announcements were subtitled...they would be accessible to most persons with hearing loss who had access to a TV. ITA: The Civil Defence is trying to implement empowered measures to alert and assist persons with motor, cognitive and sensorial disabilities in case of national emergency: Http://www.protezionecivile.gov.it/ ESP: The Spanish legislation about situations of risk and humanitarian emergencies should be reviewed in light of the Convention in order to establish protocols of action to care for persons with disabilities. UK: This is covered in legislation.
ZERO REPORT 2012_____39 INDICATORS – INTERNATIONAL COMPARISON
PARTIAL GUARDIANSHIP
5. Does the law provide for the possibility of partial guardianship?
RELATES TO UN CONVENTION – ARTICLE NO. The question is, therefore, formulated simply to as- 12 Equal recognition before the law & 13 Access to certain whether this possibility exists, without ad- justice dressing how this option is implemented in practice. As such, the question does not examine the extent to BRIEF EXPLANATION OF THE ARTICLE which support is favoured over substitution. Article 12 is one of the most heavily discussed articles in the Convention. Many experts and commentaries SUMMARY OF RESULTS note a paradigm shift from the principle of “substi- While it is excellent to see that in 20 countries (to- tuted decision-making” to “supported decision-mak- gether with both California and New York state), par- ing”. In other words, persons with disabilities should, tial guardianship is available to cover a wide range of in future, be supported in making their decisions, different circumstances, there are still nine countries rather than their decisions being made for them. This in which only plenary guardianship is possible: Bul- is a prerequisite for fully enjoying many other rights garia, Ireland, Mexico, Montenegro, Romania and the that are firmly anchored within the Convention. The UK. consensus among experts is that implementation of As the respondent from Ireland unfortunately de- this change has wide-ranging consequences for many scribes the situation there: “Ireland operates an anti- established systems of “disempowerment” and quated system of wardship under the Regulation of “guardianship”. However, experts warn that many Lunacy Act 1871.” states are not aware of this broad scope, believing And, even in those countries in which partial that the established systems already fulfil the require- guardianship is available, whether it is used or not, ments of Article 12. can be quite a different matter: “…it is rarely used and plenary guardianship is dominant” (Serbia). BRIEF EXPLANATION OF THE QUESTION Guardianship should only ever protect and assist per- sons with disabilities. It should never remove freedom of choice unnecessarily. Plenary (that is, covering all delegable legal rights and powers), as opposed to partial guardianship, for example, removes any free- dom of choice. Limited partial guardianship, on the other hand, still permits temporary limitation of choice or guardianship only in certain matters, for ex- ample, of property.
40_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
5. PARTIAL GUARDIANSHIP
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Partial guardianship is available to cover a wide range of • Partial guardianship is possible only in a limited number of different circumstances. For example, temporary different circumstances. For example, there is no possibil- guardianship, guardianship only of property, etc. ity of guardianship of property.
• Only plenary guardianship is possible.
SELECTED REMARKS FIN: Guardianship Services Act 1999, section 14:The appointment of a guardian shall not disqualify the ward/client from self administering his/her property or entering into transactions, unless otherwise provided elsewhere in the law. In future a supported decision-making system should be developed. IRL: Ireland operates an antiquated system of wardship under the Regulation of Lunacy Act 1871. The shortcomings with the current system are many and do not provide for supported decision-making in any way. The Government is currently preparing a Bill on legal capacity and the responsible government committee recently called for submissions on the published Scheme of the Bill. The Scheme of the Bill as is currently stands adopts a functional approach to legal capacity based on guardianship; while it refers to "supported decision making", it lacks detail on the supports. MEX: Mexico’s law on guardianship and legal capacity falls well short of the requirements of international human rights law. In practice, protections afforded under Mexican law are routinely ignored for persons detained in institutions. Whether a person is technically admitted as a “voluntary” or “involuntary” patient, placement in an institution in Mexico, for the vast majority of individuals, carries with it a total loss of rights guaranteed under article 12 of the CRPD. SRB: Yes: The law provides it, both temporary and partial, but it is rarely used and plenary guardianship is dominant. ESP: Article 12 calls for a protection system based on supporting decision-making, whereby you could not replace persons with disabilities in exercising their rights, except in situations where the communication was nonexistent, and preferably not based on the existence of a disability. The configuration of a new system should ensure support beyond the existing capacities of persons with disabilities.
ZERO REPORT 2012_____41 INDICATORS – INTERNATIONAL COMPARISON
SIGN LANGUAGE IN COURT
6. Is sign language an officially recognised language in the courts?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 12 Equal recognition before the law & 13 Access to Of all the 35 countries, together with California and justice New York state, surveyed some 22 responded with an unqualified “Yes”. Only two countries, Albania and Ire- BRIEF EXPLANATION OF THE ARTICLE land, responded with a “No”. These articles involve ensuring that persons with dis- Of those 11 countries qualifying their “Yes”, in Bul- abilities have equal access to justice. With respect to garia, sign language maybe “officially approved” but the courts, participation within the judicial system the state does not pay for the service. And, in should be as effective and direct as possible in all Canada, while the translation service may be paid for roles. by the state, it appears that sign language itself may not be recognised as an official language of the Fed- BRIEF EXPLANATION OF THE QUESTION eral courts. Persons with hearing impairments only enjoy equal In looking at access to sign language, it is important access to justice if sign language is an officially court- to recognise that the legal process does not take recognised language; otherwise, for example, inter- place only in the courts. The example of France is, preters may not be automatically permitted, or the perhaps, illustrative: “…the State doesn't pay for the court may not cover the costs for interpreters. intervention of a translator for an hearing impaired This question was selected primarily because it per- witness during an inquiry.” mits the implementation of this point to be very clearly determined.
42_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
6. SIGN LANGUAGE IN COURT
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Sign language is both an official language of the courts Or only by custom are translators made available, and and persons with a hearing impairment have the right to a paid for, by the state. translator paid for by the state. • Sign language is not recognised in the courts, those with • Sign language is only officially recognised in some courts. a hearing impairment have the right neither to a transla- Or those with a hearing impairment do not have the right tor, nor for any translator to be paid for by the state and to a translator. Or a translator is not paid for by the state. translators are, by custom, neither made available nor paid for by the state.
SELECTED REMARKS ALB: There are dispositions in the Penal Procedure for sign language and the right to have a sign language interpreter during the penal process. However, this is not recognised officially and it is omitted. ARG: Argentina has ratified the American Convention of Human Rights and the Pact of Civil and Political Rights; both instruments form part of the constitutional block and both instruments recognise the right of every person in accessing the judiciary to have a translator and / or interpreter paid by the State. IRL: Ireland does not recognise ISL (Irish Sign Language) as an official language. However, under the Disability Act, public facilities should be accessible (unless impracticable), and public service providers must make a “reasonable accommodation” to make public services accessible. In practice, this means that courts do pay for interpreters when requested to do so, (as to refuse to do so would generally be seen to be unreasonable), but it is not an explicit right. SRB: At this moment there is no such legislation, but, Government is announcing a new law on sign language which would guarantee free translation in all public buildings – hospitals, courts, administration. UK: Courts should provide sign language interpretation, although there are still problems for jurors who require a sign language interpreter.
ZERO REPORT 2012_____43 INDICATORS – INTERNATIONAL COMPARISON
FINANCIAL SUPPORT FOR INCLUSION IN THE COMMUNITY
7. Are all those with disabilities legally entitled to all the finance needed to support their living and inclusion in the community?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 19 Living independently and being included in the Equal numbers of countries, seven, provide either all, community or none, of the finance needed support their living and inclusion in the community. BRIEF EXPLANATION OF THE ARTICLE In the 21 other countries, together with California and Persons with disabilities must have the same options New York state, the finance available is so either only for participating in the community as other persons. to certain persons with disabilities, or it is limited, or The necessary conditions and structures for this must even both (France). be established. It must be ensured that persons with Inadequacy is frequently mentioned as an issue. The disabilities can choose their place and manner of resi- nature of the support, qualification to receive the fi- dence, as well as with whom they wish to live, on an nance and difficulties in actually receiving finance equal basis with others. In order to realise this, per- were all issues noted by respondents. sonal assistance must be made available that sup- With the current perilous state of the world’s econ- ports living within the community and helps prevent omy, the risks of cuts in such finance (however lim- isolation and segregation. Such assistance must be ited it may be) in all countries become ever greater. offered by organisations with close community ties and must also be accessible to all persons with dis- abilities.
BRIEF EXPLANATION OF THE QUESTION If the government legally mandates or organises per- sonal assistance services, the question remains whether these are also affordable for persons with disabilities and whether they are offered to all such persons. Many NGOs and affected persons have noted here the situation of persons with mental disabilities, since they require more specialised – and frequently also more expensive – assistance services. This question refers both to the extent of the finance to which persons with disabilities are legally entitled, and to who actually is entitled to such finance.
44_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
7. FINANCIAL SUPPORT FOR INCLUSION IN THE COMMUNITY
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• All persons with disabilities are legally entitled to receive • Such finance, although mandated by law, is either not all the finance needed to support their living and inclusion available to all, or is limited in extent. in the community. • No person with disabilities is legally entitled to any such finance.
SELECTED REMARKS CAN: The provision of supports and services is provided, in general, by Provincial and Territorial Governments. While Governments do provide direct support to persons with disabilities, I’m not aware of an explicit law that mandates the provision of all the support required. FIN: [The] Disabled Services Act and other legislation is quite clear that necessary support should be provide to persons with disabilities. In practice the situation is not clear. Local municipalities have a lot of different kinds of law interpretations which are not promoting inclusion. IRL: The Disability Act 2005, provides for an independent needs assessment which is undertaken to “determine, in respect of a person with a disability, the health and education needs (if any) occasioned by the disability and the health services or education services (if any) required to meet those needs” The health service is further defined to be a personal social service. The independent needs assessment must be applied for by person with a disability or by a specified person. Upon completion of the independent needs assessment, a service statement is drawn up. Provision of services within this statement are conditional on resources. ITA: All kinds of disabilities are legally entitled to receive financial support. The amount is calculated on the base of both disability level and personal income. SRB: Not all the persons that should be entitled to such support actually receive it. Even for those that do, these “givings” are very low and certainly not sufficient to support their living. UK: There is support available for many persons to support independence and community living, but funding will not always be sufficient to ensure genuine equality of opportunity. There are also some specific planned changes to benefits and support that could have a significant impact on the support that some persons receive to remain independent.
ZERO REPORT 2012_____45 INDICATORS – INTERNATIONAL COMPARISON
SAFEGUARDS IN INSTITUTIONS
8. Do safeguards exist to ensure that, when persons with disabilities in institutions have the choice as to whether to stay or to leave, they stay only under their own volition?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 19 Living independently and being included in the In just over a third (12) of the countries replying to community this question do such safeguards exist. However, even when such safeguards exist, they may not actually be BRIEF EXPLANATION OF THE ARTICLE that effective: “Centres for social welfare have this See Question 7. An important part of this right to self- mandate, but they are overloaded with work and usu- determination consists of persons with disabilities ally it takes too much time to fulfil a person's having the option to select and choose freely their need/request” (Bosnia and Herzegovina). place of residence and not being required to live in a However, no such safeguards exist in seven countries particular domestic arrangement. (Croatia, Finland, Ireland, Kosovo, Macedonia, Mexico and Slovakia). That is, in the worst case, even if the BRIEF EXPLANATION OF QUESTION choice of leaving an institution exists, a disabled per- In practice, the largest impediment in many countries son may never be able to exercise it. to free selection of place of residence and living Perhaps of as much concern should be the number of arrangements, is that persons with disabilities live countries, 15 and both California and New York state, more or less compulsorily in facilities (“institutions”, where there were qualifications. Indeed, how much of “homes” etc), and no true freedom of choice exists for a choice is there, in reality, when “the finance to sup- persons with disabilities. port social inclusion is not sufficient” (France), or “an The safeguards mentioned in the question could take alternative in the community will most probably not the form, for example, of regularly informing persons be offered” (Israel). with disabilities that they have the freedom to choose whether or not to remain at a facility. (In evaluating the response, it should be noted that some of the NGOs undertaking the review may also operators of facilities for persons with disabilities.)
46_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
8. SAFEGUARDS IN INSTITUTIONS
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Every institution is, for example, screened annually by an freedom to choose as to whether they want to remain in independent body. Persons with disabilities are always them. given the choice as to whether to stay or to leave. • Institutions are not screened and persons with disabilities • Institutions may not be screened, or persons with disabili- therein have no freedom of choice as to whether they re- ties in those institutions may not be informed of their main there or not.
SELECTED REMARKS EST: Yes, but it depends on the degree of disability. FIN: The Parliamentary Ombudsman of Finland carries out occasional inspections at closed institutions. In practice persons with disabilities have no freedom of choice. IRL: There is a move towards independent living and policy is geared in this direction. However, there are no formal safeguards. There are HIQUA standards but these are not enforced. MEX: Under the Norma Oficial Mexicana 025, involuntary commitment requires only the written approval of a psychiatrist and a family member or legal guardian. Law 025 does not require judicial oversight of the civil commitment process. There is no mechanism requiring any review of the initial commitment, and there is no process for period review of commitment (DRI). Mexico's first official report to the UN, para. 305: "In the case of persons with disabilities subject to a internment, it is the tutor who will make decisions." SRB: Although such safeguards exist in legislation they are not implemented in practice. The majority of persons in institutions are under plenary or temporary guardianship. In many cases, when they are not under guardianship, they are officially treated as voluntary clients although they have no real freedom of choice as to whether they want to remain in an institution or to receive some treatment or not. UK: Any residential accommodation will be covered by regulatory frameworks. Lack of accessible housing can, though, sometimes create barriers to genuine choice for all persons about their accommodation.
ZERO REPORT 2012_____47 INDICATORS – INTERNATIONAL COMPARISON
RIGHT TO MARRY, HAVE AND RAISE CHILDREN
9. Do persons with disabilities have the same rights as others to marry, have children and raise those children?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 23 Respect for home and the family Nearly equal numbers of respondents gave responses of “Yes” (16, plus California) and “Yes, with qualifica- BRIEF EXPLANATION OF THE ARTICLE tions” (17, plus New York state). There were only two Persons with disabilities are entitled to the same “No”s – Austria and Macedonia. rights as all other persons with regard to marriage, That said, however, a “Yes” is certainly not unequivo- family, parenthood and partnerships. They have the cal good news. The experience of the respondent from right to enter into marriage and to start a family. It Canada (“Yes”) was echoed directly or indirectly in a must be ensured that they may freely and responsibly number of other answers: “It has been our experience decide the number of children they will have, and that that while persons with disabilities have the same they have access to information and education on rights, they do not have the same opportunities… matters of reproduction and family planning. Persons There is a significant gap between theory and practice with disabilities have the right to retain their fertility on this issue.” And that gap can be very significant, if, on an equal basis with others. as the respondent from Canada also says: “We hear It should be noted regarding this article that these frequent stories of women with intellectual disabilities rights should differ in no way from the rights of all who have their children removed from their care.” other persons, and that they are already included in the UN Universal Declaration of Human Rights.
BRIEF EXPLANATION OF THE QUESTION The question looks only at restrictions to these rights, and does not address the obligation set forth in the UN Convention to strengthen these rights through various means. The questionnaire contains the remark that restric- tions, in violation of human rights, may consist of per- sons with disabilities being sterilised against their will, or in marriage being prohibited for “health reasons”.
48_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
9. RIGHT TO MARRY, HAVE AND RAISE CHILDREN
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• The rights of those with disabilities are in no way different • The rights of those with disabilities differ from the rights from the rights of anybody else with regard to any and all of anybody else with regard to one or two of these. of these. • The rights of those with disabilities differ from the rights of anybody else with regard to all of these.
SELECTED REMARKS BIH: Persons with mental disabilities need acceptance/permission by the safeguardian (sic). DEN: Persons with disabilities are free to marry as they please. Sterilisation by force is no longer in use. There is an option to apply for sterilisation after a certain age for everybody – persons with and without disabilities alike. EST: In principle they are allowed to marry and raise children, but in reality it looks different. MKD: Often the choice for marriage is made by the family… A love relationship or a marriage between persons with disabilities is still considered a taboo. MEX: Yes, with qualifications: Persons with disabilities do not have the same rights as “anybody else” in terms of the right to choose or not to choose sterilisation because family members/tutors are able to sign for the sterilisation of such persons. For example, para. 305 of the Mexico's first official report to the UN, as discussed above, gives all decisions to tutors. As well, the Mexican Institute of Social Security (IMSS) has a programme which was mandated from Art.31 VII of the GLPD. One of the goals of this programme is to promote birth control to groups who are particularly vulnerable in society, including persons with disabilities. Thus, sterilisation is one possible goal. SRB: Yes: They have them on paper. But, a significant number of persons with disabilities are deprived of their legal capacity, the majority, but not all of them, with intellectual/mental disabilities. Their right to have and raise children is especially questioned. Often, girls and women with disabilities are sterilised without their consent, especially in institutions where the risk of being raped is high.
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RIGHT TO PRIMARY MAINSTREAM EDUCATION
10. Does a child with disabilities have the right to receive free and compulsory primary education within the mainstream educational system?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 24 Education Although the right to such education exists in nearly two thirds of the countries surveyed, whether the chil- BRIEF EXPLANATION OF THE ARTICLE dren are able to exercise that right is a totally differ- The States Parties shall ensure an inclusive education ent matter. Indeed, in many of these countries, the system at all levels and lifelong learning. In particular, difference between theory and practice remains dis- they shall ensure that persons with disabilities can ac- tinct. cess an inclusive, quality and free primary education Amongst the difficulties cited in achieving inclusion and secondary education on an equal basis with oth- are attitude (Australia), a dearth of “specialists to ers in the communities in which they live. The right to teach children with severe difficulties” (Estonia), ac- an inclusive education is explicitly established, rather cessibility (Sweden), and, a perennial problem, fund- than a “good education at ‘special schools’”. ing (Italy et al). BRIEF EXPLANATION OF THE QUESTION As the respondent from Spain so succinctly states: Persons with disabilities must not be excluded from “[H]ere are a lot of measures that must be taken in the general education system, whether at the pri- order to get the inclusive education as a reality (ac- mary, or subsequent, levels. All necessary support cessibility, resources, coordination among the entities must be provided to ensure complete and efficient in- involved…)”. clusion. However, true education is not just about book work, Since there is a fundamental organisational distinction and the respondent from Macedonia makes an ex- in Austria and most other countries between primary tremely important related point with the statement, school and the other levels of education, primary edu- that although the right exists in the country: ”There cation, in particular, was singled out in this question. are no special programmes for including the handicap The question asks whether every child has the right to children in the process of socialisation”. an inclusive education.
50_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
10. RIGHT TO PRIMARY MAINSTREAM EDUCATION
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Every child with a disability has the right to receive free • A child with disabilities has no right to receive free and and compulsory primary education within the mainstream compulsory primary education within the mainstream ed- educational system. ucational system.
• Only children with certain disabilities have such a right, others must attend special schools.
SELECTED REMARKS ARG: The National Education Law 26.206 (2006) provides special education as a subsystem of the general education system directed to attention of the educational needs of persons with disabilities of all ages and all levels of education. In that sense, establishes that the competent authorities shall perform appropriate actions to ensure inclusive education at all levels and throughout life, but does not recognize the right to inclusion in the mainstream educational system. AUS: Although there are no legal barriers, there are examples of attitudinal [barriers] and policy preventing persons from attending schools. http://www.abc.net.au/news/2010-03-22/students-with-disabilities-denied-school-enrolment/374856 BIH: All children have the right to education, but numerous psychological, physical and sociological barriers, as well as a lack of capacities within the schools to meet the needs of each child, exist. FIN: Instead of special schools some children are placed in special classes. The number of the children placed in segregated education has increased in recent years. UK: Every child has this right, although the quality of provision can be variable and disabled children's educational attainment levels remain below that for non-disabled children.
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ALTERNATIVE TESTING METHODS FOR STUDENTS
11. Do university students with disabilities have access to alternative testing methods?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 24 Education Although it is comforting to see that there are only three countries in which no alternative methods are BRIEF EXPLANATION OF THE ARTICLE available to students, the fact that, in just over one The right to an inclusive education also includes the third of countries (plus California), such methods are right to a university education (and vocational educa- available in all universities is, perhaps, is disappoint- tion). In order to realise this right, various precondi- ing. tions and access options must be established. An ear- Specific measures include: “[A]dditional time for the lier committee listed the following “4 As”: exams, human assistance (secretary or translator), • Availability additional years to pass the exams, and in certain • Accessibility cases, no exam (upon decision of the Head of the Uni- • Acceptability versity)” (France). • Adaptability – flexible so as to adapt to the However, in one particular country – Ireland – the needs of changing societies.1) availability (and, indeed, use) of such methods can come at a very questionable cost: “Unfortunately BRIEF EXPLANATION OF QUESTION when reasonable accommodations are provided to a The question refers only to university students as a student in State exams, the reasonable accommoda- representative group. It asks whether the testing tions are flagged on the transcript.” methods utilised are accessible to persons with various Qualifications include accommodation only for certain types of disabilities and whether alternative testing disabilities, the availability of only certain methods or methods to written and oral tests are offered. For some their availability only in certain disciplines at univer- students with disabilities, these may, for example, in- sity. clude their not having to sit exams, but having their performance tested alternatively through course work, participation, assignments, etc. The question, also, refers only to “access to” and not to “the right to” al- 1) CESCR, General Comment 13, The right to education, ternative testing methods. Article 13, para 6
52_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
11. ALTERNATIVE TESTING METHODS FOR STUDENTS
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• At all universities, students with disabilities have access • At not one university is there access to alternative to alternative testing methods. testing methods.
• There is access only at some universities. Or the choice of alternative testing methods is restricted to persons only with certain disabilities.
SELECTED REMARKS ARG: Yes, with qualifications: Law 26.206 establishes the right of students to appropriate assessment systems, inclusive and non discriminatory. However, not all institutions develop a systematic evaluation methodology for all disciplines and all disabilities. ITA: All universities have an office for students with disabilities, entitled to solve any possible problem and choose a personal tutor for students with disabilities. Professors can choose alternative course works and testing methods. MKD: There is a legal framework that is respected only in certain faculties. • It is left to the will of management to decide. • There are no flexible programmes which will help the students to adapt. SWE: UK: Universities are covered by duties to ensure accessibility and to make reasonable adjustments, although some disputes still arise about the exact legal protection that persons enjoy when it comes to examinations.
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STATISTICS ON UNIVERSITY GRADUATES
12. Are official statistics published covering the number of persons with disabilities who graduate from university?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 24 Education & 31 Statistics and data collection It is truly remarkable that, in so many countries (15, together with New York state), no statistics are avail- BRIEF EXPLANATION OF THE ARTICLE able (officially or otherwise) on the number of persons According to Article 24, persons with disabilities with disabilities who graduate from university. And, must have equal access to general tertiary educa- indeed, it would appear that only in the Czech Repub- tion, vocational training, adult education and lifelong lic, Slovakia and the UK are they published on an an- learning. Reasonable accommodation must be pro- nual basis. vided to ensure this. While there will always be issues of accuracy in any Article 31 also requires that information, statistics and such statistics “…[be]cause some students don’t want data be collected. to identify” (Croatia), this should not be the reason for a total dearth of numbers. BRIEF EXPLANATION OF QUESTION There are, perhaps, deeper, systemic issues that From the combination of these two articles, it can be merit further investigation. concluded that official statistics should also provide information on the percentage of persons with disabil- ities among graduates of higher education pro- grammes, since this is the only way in which the suc- cess of an inclusive education policy can be measured. Whilst the definition of a disability can play an important role in this context, by asking only whether statistics are available, the phrasing of the question makes this irrelevant. It is possible to evaluate the successful implementa- tion of an inclusive educational policy by means of long-term analysis, regardless of the selected defini- tions (e.g. self-assessment by the students), as long as these definitions are not changed.
54_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
12. STATISTICS ON UNIVERSITY GRADUATES
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• These figures are published officially annually • No such statistics are officially published. within the year. Or are even available.
• These figures are published, but maybe not officially, or annually. Or within the year.
SELECTED REMARKS ARG: The latest statistics from the National Survey on Disability (2003) of the official statistics institution, records the number of persons with disabilities based on the highest educational level attained, these records do not include the category of university graduates. In the overall results of the 2001 national census, this data is not recorded, and results in the area of education of the last census (2010), have not yet been published. MKD: There are no official statistics, but there are some unofficial that were made by Student groups or NGO. SRB: There were some research projects conducted by disability organisations but there are no systematic data that we are aware of. Findings of research conducted by Association of Students with Disabilities in 2006, state that only 12.5 percent persons with disabilities graduate from university, 1 percent has MA and 0.2 percent PhD. ZAF: They are not official published but are available at the different institutions. SWE: We do not have such information. There is just an estimated figure based on surveys conducted every second year. The exact number of students with disabilities who graduate is unclear. The statistics concerning students who graduate every year is general. The existence of disabilities among those who graduate is unclear. UK: Survey data are published in this area.
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ACCESSIBILITY OF MEDICAL PRACTICES
13. Are all medical practices required by law to be accessible to those with all types of disability?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 25 Health & 26 Habilitation and rehabilitation It is a surprise that there should be any countries in which there is no legal requirement for medical prac- BRIEF EXPLANATION OF THE ARTICLE tices to be accessible to those with disabilities. How- In the context of the rights of persons with disabili- ever, this appears to be the case in Albania, Bosnia ties, the right to health is predicated on accessibility. and Herzegovina, France and Germany. Without accessibility, any such right is severely com- On a more positive note, some 14 countries, together promised. Rehabilitation is a complex process, of with California, are required to be so, which the medical process is only part. Participation at least by 2015. and inclusion in the community, together with all as- Of the qualifications provided, in Israel the require- pects of society, are vital for rehabilitation’s success. ment is by 2021, in Australia accessibility affects “[o]nly new buildings and new additions to old build- BRIEF EXPLANATION OF THE QUESTION ings”, and in Serbia, amongst other issues, “…medical Access to medical practices is of vital importance in equipment is inappropriate.” terms of both the right to health, and participation Access to medical practices may be a necessary, but and inclusion in the community. not sufficient, requirement for access to medicine. Ac- Accessibility should cover not only physical access, cess to both, however, is a necessity and one that, in say, to a building, but also access to the medical serv- a number of countries, does not appear, yet, to be ices themselves. For example, is sign language trans- available. lation available for those persons who may be deaf?
56_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
13. ACCESSIBILITY OF MEDICAL PRACTICES
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• All medical practices are required by law to be accessible, • For example, only newly built medical practices. using generally accepted criteria, for example, those Or just some medical practices have this obligation. of “universal access”, to those with all types of Or the criteria are ineffective. disability by 2015. • There is no legal requirement for medical practices to be accessible to those with any type of disability.
SELECTED REMARKS EST: The law may require accessibility, but in reality the situation is not always such that every doctor understands the needs of disabled persons. In the countryside accessibility is not provided everywhere. ITA: Legal regulations are really generic on this issue, so every medical practice may implement its accessibility policy. SRB: Although there is a legal obligation, the majority of medical practices are still not accessible. Also, medical equipment is inappropriate and very few facilities have equipment that allows examinations to be performed, for example, gynaecological examinations for women with physical disabilities. ESP: There is no specific legal framework in the health sector to ensure full equality of opportunity and adequate health provision aimed at meeting the current and potential needs of persons with disabilities. SWE: The Health and Medical Service Act (Hälso-och sjukvårdslagen) stipulates that the goal of the health service is good health and good healthcare on equal terms for the entire population. Care shall be given with respect to the individual and according to needs. Cases where an individual feels that he or she has not been given the best possible care can be reported to The National Board of Health and Welfare (HSAN). UK: Medical practices are required by law to make reasonable adjustments to ensure that they are accessible to all. In practice there remains considerable variation in the extent of accessibility. Most medical practices (although not all) will be physically accessible, but many will not offer a full range of accessible equipment etc.
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ACCOMMODATIONS IN THE WORKPLACE
14. Does the state oblige employers to take the necessary action on accommodations made in the workplace for all employees with disabilities?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 27 Work and employment In just over half the countries surveyed, employers are obliged by the state to take the necessary action BRIEF EXPLANATION OF THE ARTICLE on accommodations. Perhaps, surprisingly, in Switzer- As with Articles 25 and 26, accessibility is at the heart land, in addition to Kosovo and Romania, no such ob- of Article 27 covering the employment of persons with ligation exists. disabilities. While no specific references are made in However, even for countries replying in the unquali- the article to the provision of either personal assis- fied affirmative, there can be a range in the extent of tance or special equipment, it requires “States Par- these accommodations. In Israel, they need only be ties” to “(e)nsure that reasonable accommodation is “reasonable”. In Macedonia, under the law “Lex spe- provided to persons with disabilities in the workplace”. cialis”, “[T]he employers are bound with this law to do In addition, with regard to both work and employ- everything they can for the persons with disabilities to ment, non-discrimination is also a major issue. have better access to their work places.” In a number of countries, although the obligation may BRIEF EXPLANATION OF QUESTION exist, there is still a gap between theory and practice: For employees with disabilities both to work, and to “…there is a lack of “know how” and nothing is hap- work effectively for their employers, such accommo- pening in practice in this direction” (Albania); “…there dations will need to be made in the workplace. Oblig- is no service that monitors and supervise[s] how the ing such action on the part of employers should go a process of adaptation or training is going on” (Croa- long way not only to ensuring both, but also to ensur- tia); and, “…[M]any employers still see employees ing that persons with disabilities are properly included with disabilities as carrying an extra cost.” (South in the workforce. It is important for employers to re- Africa). alise that such action should be active, and not just The funding of such accommodations, as an obstacle, reactive. was not raised by one respondent.
58_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
14. ACCOMMODATIONS IN WORKPLACE BY THE STATE
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Employers are obliged to take the necessary action on ac- • The action that needs to be taken may be limited. Or cer- commodations made in the work place for all employees tain disabilities may be excluded etc. Or only for a certain with disabilities. number of disabled employees, etc.
• No such obligation exists.
SELECTED REMARKS ARG: Law 22.431 establishes the obligation of state agencies and enterprises with state participation, to a minimum of 4 percent of its staff are persons with disabilities and that they are entitled to the same working conditions of all employees. EST: The idea of employing persons with disabilities is not really reality yet in Estonia. The laws may exist, but society has not accepted different persons yet. FRA: Employers obligations: medical supervision is reinforced, employers are obliged to adapt the workplace or to relocate the worker in case of difficulties. In case of dismissal, the notice of termination is doubled within the limits of 3 months. The employer can also get advice or funding to better include persons with disabilities. ITA: National funds are available to help employers in adapting work places and providing accessible furniture, devices and technologies. MNE: Employers are obliged to accommodate the work place for a person with disabilities – the state subsidises these costs 100 percent; however, employers rarely employ a person with disabilities because they have a choice: to employ, or to make payment into the Fund for employment and professional rehabilitation of persons with disabilities (which they prefer). So, there is very small number of employed PWD. UK: Employers are required to take action with regard to physical accessibility as well as the accessibilty of practices and procedures. Evidence of the full extent of this provision is patchy, and duties as to exactly what employers should and should not provide are not always clear. Disabled persons are still far less likely than non-disabled persons to be in employment in the UK.
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STATE EMPLOYMENT OF PERSONS WITH DISABILTIES
15. Is the number of persons with disabilities employed by the state both calculated and published?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 27 Work and employment Although in over 70 percent of countries surveyed some figures on the number of persons with disabili- BRIEF EXPLANATION OF THE ARTICLE ties employed by the state are both calculated and As with Articles 25 and 26, accessibility is at the heart published, in surprisingly few is this actually done of Article 27 covering the employment of persons with both annually and officially: Bulgaria, Canada, France, disabilities. While no specific references are made in Slovakia and the UK. the article to the provision of either personal assis- And in at least 10 countries, together with New York tance or special equipment, it requires “States Par- state, such figures are neither calculated or published. ties” to “(e)nsure that reasonable accommodation is With around 60 percent of countries qualifying their provided to persons with disabilities in the workplace”. “Yes”, the inevitable question is “Why?” In addition, with regard to both work and employ- ment, non-discrimination is also a major issue.
BRIEF EXPLANATION OF THE QUESTION This question is only about the availability of these figures, not about the figures and percentages them- selves. That said, the figure itself will, of course, be important.
60_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
15. STATE EMPLOYMENT OF PERSONS WITH DISABILIES
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• The figure is published annually in an official publication, • Such a figure may be calculated, but is not published. Or together with some description covering in which state it is not an official figure. Or it is only published either ir- bodies these persons are employed. regularly or every, say, five years.
• Such a figure is neither calculated nor published.
SELECTED REMARKS HRV: The Croatian Employment Service published number of employed persons with disabilities on regular base. But persons who are not employed by the CES are not included in the statistics. FRA: The data are scattered. RKS: There is no sufficient information; even the statistics that are published by the Statistical Office of Kosovo on the number of employed or unemployed persons does not include persons with disabilities. MEX: It is unlikely that this figure is calculated. It is not published on the National Database of Statistics and Geography. There does not seem to be another way to find this information easily. SRB: Only the figures that are provided by National Employment Agency are systematically collected and published annually, but they do not have data about persons who did not find employment through their service. Nevertheless, there have been some efforts to collect such data. UK: Regular labour force figures are published, including records of the numbers of disabled persons in employment.
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NUMBER OF EMPLOYEES WITH DISABILITIES
16. Did the percentage of persons with disabilities employed increase in calendar year 2010?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 27 Work and employment In only six countries were there any indications that the percentage of persons with disabilities employed BRIEF EXPLANATION OF THE ARTICLE increased in 2010: Bulgaria, France, Italy, Serbia, Slo- As with Articles 25 and 26, accessibility is at the heart vakia and the UK. In the case of Serbia, there was in of Article 27 covering the employment of persons with increase due to a new law based on quotas and “sanc- disabilities. While no specific references are made in tions for employers who fail to fulfil their obligations.” the article to the provision of either personal assis- Of the 21 countries, together with California and New tance or special equipment, it requires “States Par- York state, who responded with a “No” in just under ties” to “(e)nsure that reasonable accommodation is half no statistics were available; in Austria the actual provided to persons with disabilities in the workplace”. figure decreased; and, in neither Belgium nor Sweden In addition, with regard to both work and employ- is there any obligation to employ persons with disabil- ment, non-discrimination is also a major issue. ities. The absence of available figures alone is a matter of BRIEF EXPLANATION OF THE QUESTION grave concern, especially in those countries where This question refers to the results of disability policies there are legal requirements regarding the employ- and of Article 27. Since the percentage of employees ment of persons with disabilities. with disabilities remains below the percentage of other employees in every country of the world, every increase in the percentage can be considered an ad- vance. The question refers only to employment in companies that are required by law to employ persons with dis- abilities. The answer is “No” if no figures are avail- able. Without figures it is impossible to know if per- sons with disabilities are, in fact, being employed as required.
62_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
16. NUMBER OF EMPLOYEES WITH DISABILITIES
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• The percentage increased. Or the percentage has not • The percentage remained the same. increased because all companies required by law to • The percentage decreased. Or no figures are available. employ persons with disabilities actually do so.
SELECTED REMARKS ARG: The last census (2010-2011) with data about the economically active population in Argentina has not yet been published. RKS: Since we lack statistics regarding the employment of persons with disabilities we are unable to have the information whether the percentage of employees with disabilities have increased or decreased. UK: The percentage of disabled persons of working age in employment is published, and currently stands at around 50 percent in the UK. This is significantly below the number for non-disabled persons, but it has been increasing steadily, albeit at a very slow pace in recent years.
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RIGHT TO RECEIVE NECESSARY SUPPORT TO VOTE
17. Does a person with disabilities have the right to receive all the necessary support to vote, in secret, in elections for parliament?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 29 Participation in political and public life Just one country, Argentina, answered in the nega- tive: amongst other problems there is securing the BRIEF EXPLANATION OF THE ARTICLE vote for “a significant number of voters with disabili- In its two sections, in addition to the principle of ac- ties who are hospitalised”. In just about one third (11) cessibility, and the use of “assistive and new technolo- of the countries surveyed did apparently voters re- gies”, this article specifically addresses, specifically, ceive all the necessary support to vote in secret. both the right to vote, in secret, with assistance from Therefore in some 23 countries, together with Califor- a person of choice, and full and effective general polit- nia and New York state, there are problems. ical participation. Amongst the issues mentioned were: the inability of blind persons to vote in secret and supported deci- BRIEF EXPLANATION OF THE QUESTION sion-making for persons with intellectual disabilities This question is predicated on every voter's inalien- (Canada); the lack of availability of Braille templates able right to vote secretly. The question only refers to (Croatia); the lack of free transport and the inaccessi- parliamentary elections. This was mentioned in the bility of some ballots (Israel); and, the inability of questionnaire. The question also refers to assistive those in institutions to vote (Serbia). devices as some states have either already intro- On the other hand, in Finland, for example, persons duced, or are considering the introduction of, for ex- can vote from home and request assistance if desired. ample, Braille ballots or templates to enable blind per- And, in Australia, voters who are blind or have low vi- sons to vote in true secrecy. sion can vote, secretly, via telephone.
64_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
17. RIGHT TO RECEIVE NECESSARY SUPPORT TO VOTE
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Any voter with a disability receives all necessary support available. Or a voter may not be able to vote freely or se- to vote in secret. cretly in his or her institution.
• Transport may not be free. Or personal assistance may be • No such right exist. Or, perhaps, a medical practitioner limited. Or a Braille ballot or template may not be has prevented a person from voting by declaring him or her incompetent.
SELECTED REMARKS AUS: For the 2010 federal election, electors who were blind or had low vision had the option to cast a secret vote via telephone to a specially established call centre. There were 126 voting locations across Australia, consisting of AEC Divisional offices and other designated sites which will were open for approximately two and a half weeks in the lead up to and on polling day. Alternatively, electors could undertake an assisted vote at an early voting or polling centre. Http://www.aec.gov.au/Voting/ways_to_vote/ FIN: Any voter with disability can request voting at home without any documents. All poles are not accessible. Voters can have own assistant or voting assistant provide by municipality. IRL: …A presiding officer may refuse a person with a disability access to vote if they require assistance to do so and arrive in the last two hours of voting. This is because the officer may feel it is obstructing other voters from voting… MEX: …The Dean of Law at the University of La Salle in Mexico mentioned that for the 2011 Presidential Election there will be policies in place to aid in accessibility for disabled persons, however, the mandate is not public and does not appear to be mandatory or binding on the federal government. ROM: There is no free transport and personal assistance is very limited. Braille templates are not available. UK: Adjustments are made to support disabled persons to vote, although research suggests that far from all polling stations are fully accessible. Disabled persons in the UK are more likely than non-disabled persons to vote by post.
ZERO REPORT 2012_____65 INDICATORS – INTERNATIONAL COMPARISON
STATISTICS ON DISABLED PERSONS LIVING IN INSTITUTIONS
18. Are official statistics published annually covering, at the minimum, the number, age group, sex, and care provided to all those persons with disabilities living in institutions?
RELATES TO UN CONVENTION – ARTICLE NO. “institutions” are in the heart of any political decision- 31 Statistics and data collection making. A lack of trusted or available information on this sensitive issue would be a major obstacle to good BRIEF EXPLANATION OF THE ARTICLE governance. The term “asylum” may, quite under- Article 31 explicitly states: “States Parties undertake standably, be found by many to be offensive, and bur- to collect appropriate information, including statistical dened with history. The term is, however, still in use and research data, to enable them to formulate and in a number of states and has, therefore, been in- implement policies to give effect to the present Con- cluded in the (not exhaustive) list of kinds of institu- vention.” tion. This is remarkable, since “(t)here is no precedent for such a provision in core human rights treaties” SUMMARY OF RESULTS (Schulze), and the creation of tools to assist the as- In only five countries, out of 35, is such information sessment of the Convention’s implementation is ab- published both annually and officially: the Czech Re- solutely necessary. public, Hungary, Ireland, Slovakia and Switzerland. Besides data protection, one of the major obstacles to And in seven countries, together with New York state, the full implementation of this article is the lack of no such statistics are officially published. With, there- commonly used definitions of impairments and dis- fore, some 23 countries, together with California, abilities. The risk of an inaccurate picture is high. For qualifying their “Yes”, there is a lamentable absence example, if the definition of impairment or disability is of this very important information. very narrow, this has a significant effect on the out- In Australia, such information is only collected every come. five years. In Canada, access to this information re- mains “piecemeal at best”. And in Serbia, data can BRIEF EXPLANATION OF THE QUESTION only be obtained with an “official request”. This question refers only to official statistics and only In at least one country, however, this information is to “institutions”. The official figures need to cover all much less relevant. Italy has, for the last 30 years, kind of “institutions” where persons with disabilities pursued an active policy of de-institutionalisation. live. These will include: old persons's homes, prisons, “asylums for old persons and adult invalids”, “asylums for children-invalids”, “boarding school for orphans”, secure facilities, “centres for placement and rehabili- tation”, “psychiatric institutions”, sheltered accommo- dation, residential homes, residential educational fa- cilities etc. This question was chosen since
66_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
18. Statistics on disabled persons living in institutions
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• All this information is to be found in a single official publi- • Some of these figures are not published. Figures are not cation published on an annual basis and figures are no published annually, or are over a year old when published. older than one year. Figures cover only selected institutions.
• No such statistics are officially published.
SELECTED REMARKS ARG: The last census (2010-2011) with data about population living in institutions in Argentina have not yet been published. However, the results of the last census (2001) recorded the number of persons living in nursing homes, children and adolescents, prisons and psychiatric hospitals. IRL: The 2009 statistics show that 8,251 persons with intellectual disability were in receipt of full-time residential services. 277 persons with intellectual disabilities were housed in psychiatric institutions. Http://www.hrb.ie/uploads/tx_hrbpublications/Annual_Report_of_the_National_Intellectual_Disability_Database_Committee_2009_01.pdf. ITA: Apparently there are no official annual statistics concerning persons with disabilities in “institutions”. Over the last 30 years Italian policy about institutionalisation has tryed to avoid any kind of segregation in “institutions”. Orphanages, psychiatric buildings, special buildings etc. have gradually been closed in favour of smaller residential structures or home reintegration. Data on hospitalised persons with disabilities in institutions can be found on the website:www.fondazionepromozionesociale.it MEX: …[T]he government does not keep track/calculate the number of persons who are institutionalised that have disabilities for both children and adults… Thus, the government engages in little or no oversight of institutions for both adults and children with disabilities. Without such oversight official statistics of persons with disabilities living in such institutions is impossible. UK: Some figures are published in this area, but generally only when funding is provided directly by the state.
ZERO REPORT 2012_____67 INDICATORS – INTERNATIONAL COMPARISON
OFFICIAL STATISTICS ABOUT EDUCATION AND EMPLOYMENT
19. Are official statistics about the education and employment of persons with disabilities published at least every 10 years?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 31 Statistics and data collection At least some work has been undertaken, in the last 10 years, in over 75 percent of the countries to pro- BRIEF EXPLANATION OF THE ARTICLE vide some picture on the education and employment See question 18 of persons with disabilities. And in 11 of these, at least one study has been published that provides a BRIEF EXPLANATION OF THE QUESTION clear picture. However, it is very surprising that in This question was chosen because a sustainable effort eight countries, together with California, no such at inclusion has to result in rising percentages of both study has ever been undertaken. graduates and employees with disabilities. In Finland, there is “little official data” and the “[d]efi- This question refers only to whether such statistics nition of disability is one challenge”. In France, “[f]ig- are published or not. And to their quality. It does not ures are open to interpretation”. In several other refer to what the statistics actually tell us about one countries, there may have been studies, but they state in contrast with another – based on those statis- were of either education or employment, not both. tics. That is, it simply asks whether such statistics are collected and, additionally, if so, what is their quality?
68_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
19. Statistics on education and employment
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• In the last 10 years, at least one official study has been • Only certain figures are available. Or figures are older undertaken and the results published that provide a clear than 10 years. Or figures are open to interpretation. picture of the education and employment of persons • No such official study has ever been undertaken. with disabilities.
SELECTED REMARKS ARG: The last state publication of statistics on disability was carried out in 2002-2003 by the National Institute of Statistics and Census, and the detailed demographic characteristics of the population in terms of access to education and employment was registered. ISR: [O]nly education. ESP: So far the National Employment Institute (INE) has published three macro disability surveys have provided an important source of information about this group (1986, 199, 2008). In late 2010, the INE in collaboration with the Imserso and CERMI published “The employment of disabled persons” operation that uses statistical information derived from the integration of statistical data provided by the Labour Force Survey (EPA) and administrative data recorded in the state database of Persons with Disabilities (boepd). SWE: There are annual, official statistics concerning the education system. The quality of those general statistics is good, but, the existence of disability among the pupils is not highlighted in the statistics. Several additional investigations are, therefore, undertaken every year. The quality of those investigations is good, but not always comparable. Since investigations differ, you cannot compare the result. Sometimes the gender perspective is missing in statistics focusing on pupils with disabilities. UK: Figures are regularly published in this area, generally based on broad-based survey data.
ZERO REPORT 2012_____69 INDICATORS – INTERNATIONAL COMPARISON
STATE SPONSORSHIP OF UMBRELLA ORGANISATION
20. Is there an umbrella organisation representing, at minimum, 50 percent of all those associations for persons with disabilities, that receives directly basic state funding?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 32 International cooperation In just under half (16) of the countries surveyed there were such organisations that received direct state BRIEF EXPLANATION OF THE ARTICLE funding. In seven countries, no such organisation ex- The Convention requires all states to “undertake ap- ists. propriate and effective measures” to cooperate inter- In the remaining 12 countries, such organisations nationally, and “as appropriate, in partnership with may exist, but they may not either represent over 50 relevant international and regional organisations and percent of all those associations for persons with dis- civil society, in particular organisations of persons abilities, or do not receive direct state funding. In a with disabilities”. Measures will include the facilitation couple of instances, Macedonia and Serbia, there are of, and support for, capacity building through, for ex- conflicting views as to which organisation really repre- ample, the exchange and sharing of experience, infor- sents “the interest of persons with disabilities” (Mace- mation and best practices. Or, for instance, the provi- donia). sion of technical and economic assistance.
BRIEF EXPLANATION OF THE QUESTION International cooperation, lobbying and representa- tion can be at its best when there is a well-equipped umbrella organisation that represents as many NGOs at possible.
70_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
20. STATE SPONSORSHIP OF UMBRELLA ORGANISATION
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• Such an organisation exists, represents over 50 percent of • Such an organisation exists, but may not either represent all those associations for persons with disabilities and over 50 percent of all those associations for persons with receives directly basic state funding. disabilities, or does not receive directly basic state funding.
• No such organisation exists that represents over 50 per- cent, and that receives directly basic state funding.
SELECTED REMARKS ARG: There are groups of civil society organisations working on disability issues. However, none represents more than 50 percent of all existence. Also still very few civil society organisations have been formed and are run exclusively by persons with disabilities, being shaped generally by families, professionals and/or volunteers, especially in intellectual and psychosocial disabilities organisations. BEL: The Belgian Disability Forum (BDF) brings together 19 Belgian organisations representing persons with a disability. The BDF represents persons with a disability at European and supranational levels. The BDF has two sources of financing: its running costs are paid for by the SPF Sécurité sociale, and it also receives subscriptions from its members. SRB: This sometimes presents a problem because they are prone to present themselves as the ONLY legitimate representatives of persons with disabilities. Representation of persons with intellectual/mental disabilities is very low. UK: There are many disability organisations in the UK, some of which receive Government funding and some of which do not. There is not a single, representative body quite as described in the question, although there are many large organisations, including a number that have membership made up of many different disability organisations.
ZERO REPORT 2012_____71 INDICATORS – INTERNATIONAL COMPARISON
DESIGNATION OF “FOCAL POINTS” WITHIN GOVERMENT
21. If the state has signed, or ratified, the Convention, has it designated "focal points" within government to address matters relating to the Convention's implementation?
RELATES TO UN CONVENTION – ARTICLE NO. SUMMARY OF RESULTS 33 National implementation and monitoring While it provides some comfort to see at least 10 countries that actually have “focal points” and in BRIEF EXPLANATION OF THE ARTICLE which civil society is fully involved, it is still a matter The article envisages that within each State Party of puzzlement that Ireland, in over four and a half there will be three different bodies to implement and years since signing the Convention, still has not de- monitor the Convention: “focal points” within govern- cided where the focal points will lie. ment; a coordination mechanism within government; It is very encouraging to see that, while Albania may and, an independent mechanism based on Paris Prin- not have yet ratified the Convention, “[t]here are fo- ciples. This is a unique provision, vis-à-vis implemen- cal points that actually are responsible for monitoring tation, in such a treaty. the implementation of the Albanian National Disability With regard to “focal points” in particular, they require Strategy.” On the other hand, even though it is a that “every State Party’s administration shall include a long-time signatory, in Estonia, “[c]ivil society is not body that sees to the legal and practical implementa- really yet involved. persons with disabilities are not tion of the Convention’s rights” (Schulze). yet fully integrated or accepted.” The opposite is, The article also requires that: “Civil society, in particu- however, the case in Macedonia (which has no focal lar persons with disabilities and their representative points), where “…civil society is completely engaged organisations, shall be involved and participate fully in in fulfilling the articles of the [C]onvention, but the the monitoring process.” state and the government does not take care for such matters.” BRIEF EXPLANATION OF THE QUESTION For those states that have ratified the Convention, in line with Article 33, Paragraph 1, "State Parties" need to designate one or more "focal points" within govern- ment "for matters relating to the implementation" of the Convention. In addition, in line with the other two paragraphs in this article, there need not only to be "independent mechanisms" to "promote, protect and monitor" its implementation, but "civil society" also needs to be involved and participate "fully" in the monitoring process.
72_____ZERO REPORT 2012 INDICATORS – INTERNATIONAL COMPARISON
21. Designation of “focal points” within government
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Czech Republic (CZE) Slovenia (SLO)
Denmark (DNK) South Africa (RSA)
Estonia (EST) Spain (ESP)
Finland (FIN) Sweden (SWE)
France (FRA) Switzerland (SUI)
Germany (DEU) Turkey (TUR)
Hungary (HUN) United Kingdom (UK)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
• There are "focal points", they are effective and civil soci- • The state has not yet designated one “focal point” within ety is fully involved. government for such matters. (Or: State has not signed the Convention). • There are “focal points”, but, for example, civil society does not participate "fully” in monitoring the state's im- plementation of the Convention.
SELECTED REMARKS ARG: The Argentine government has delegated to the National Advisory Committee for the Integration of Persons with Disabilities, the power to implement the CRPD in the country emphasising the cross impact on institutions. The direct involvement of disabled people is still partial and work continues to strengthen it, the focal points for implementation are more defined by the agenda of civil society organisations rather than a specific agenda of the Executive. BEL: In Belgium, different focal points have been established according to the various levels of government. The associations of disabled persons and defence of those with a disability, as well as civil society in its broader sense, were all involved in drawing up the first Belgian report dated July 2011. MEX: The National Commission on Human Rights and the thirty-two local human rights commissions were designated by the Mexican government as the monitoring mechanism. Civil society was never consulted in accordance with the standards described. TUR: The focal points are not officially assigned but there are public institutions that work specifically on disability. UK: The Office for Disabilty Issues within the Department for Work and Pensions has been designated.
ZERO REPORT 2012_____73 Im Folgenden finden Sie den deutschsprachigen Teil des Zero Project Reports. Er umfasst das deutschsprachige Executive Summary und die Analyse der 13 Sozialindikatoren, die auch innerhalb der neun österreichischen Bundesländer abgefragt wurden.
Barrierefreiheit neuer, öffentlich zugänglicher Gebäude _ 01 Zeitrahmen für öffentlich zugängliche Gebäude _ 02 Barrierefreie Benutzung der Linienbusse _ 03 Anspruch auf finanzielle Unterstützung zur Teilnahme am Leben in der Gesellschaft _ 04 Kontrollmechanismus – Aufenthalt in Einrichtungen _ 05 Offizielle Statistiken über Universitätsabsolventen _ 06 Barrierefreiheit von Arztpraxen _ 07 Beschäftigung im öffentlichen Dienst _ 08 Zahl der Beschäftigten mit Behinderung _ 09 Umfassende Barrierefreiheit beim Wahlrecht _ 10 Statistik über in Einrichtung lebende Menschen _ 11 Statistik über Ausbildung/Beschäftigung _ 12 Installierung von „Focal Points“ _ 13 INDIKATOREN – VERGLEICH ÖSTERREICHISCHER BUNDESLÄNDER
EXKURS: EXECUTIVE SUMMARY VERGLEICH VON 13 INDIKATOREN ZWISCHEN DEN ÖSTERREICHISCHEN BUNDESLÄNDERN EXECUTIVE SUMMARY
Executive Summary
Seit vielen Jahren engagiert sich die Familie Essl, die beteiligt sind. Für diesen Report wurden 21 Indika- Eigentümerfamilie hinter der bauMax-Un- toren mittels eines Fragebogens erstellt, der an NGOs ternehmensgruppe, unternehmerisch wie auch privat und Experten in 35 Ländern, zwei amerikanische Bun- für soziale Anliegen. Im Jahr 2007 haben Martin und desstaaten und die neun österreichischen Bundeslän- Gerda Essl die Essl Foundation (Martin und Gerda Essl der geschickt wurde. Insgesamt wurde er von mehr als Sozialpreis Gemeinnützige Privatstiftung) gegründet, 50 Experten im akademischen Bereich, von NGOs und um ihre sozialen Aktivitäten unter einem organisa- von Stiftungen ausgefüllt. torischen Dach zu bündeln. Seit 2008 wird der Essl 2. Zero Project Good Practice: Die Good-Practice- Social Prize, dotiert mit einer Million Euro, an heraus- Beispiele waren in der Pilot Studie 2010 noch eine Art ragende Social Entrepreneurs und deren innovative „Nebenprodukt“. Aufgrund der Tatsache, dass diese Projekte vergeben. besonders wirkungsvolle Lösungen für viele Probleme aufzeigen, wurde dieser Punkt ausgebaut und aufge- Das Zero Project wertet. Der Schwerpunkt des Zero Projects verlagerte Das Zero Project (www.zeroproject.org) ist ein Projekt sich hierbei folglich von „Wo ist etwas zu tun?“ zu „Wie der Essl Foundation, welches die Rechte von Menschen ist es zu tun?“. Good-Practice-Beispiele werden nicht mit Behinderung auf eine neue und innovative Art in- nur im Zero Project Report aufgelistet, sondern vor ternational vertritt. Das Zero Project basiert auf der allem auf einer Website dargestellt, die fortlaufend er- „Essl Social Index Pilot Studie“, die 2010 veröffentlicht weitert und entwickelt wird. Dieser Report beinhaltet wurde. Auf Basis der Erkenntnisse und Resultate aus 27 Good Practices, die von einem Expertengremium diesem Pilotprojekt wurde das Zero Project 2011 deut- nominiert und in zwei Schritten sorgfältig ausgewählt lich erweitert: Plattformen werden geschaffen, um wurden. Modelle zu verbreiten und weiterzuentwickeln, die das 3. Zero Project Good Policies: Zum ersten Mal enthält tägliche Leben und die Rechtslage von Menschen mit dieser Report auch eine Auswahl von Good Policies, Behinderung spürbar verbessern. insgesamt acht. Good Policies sind nationale oder re- Der Zero Project Report ist die schriftliche Zusammen- gionale Gesetze, die in der Praxis nachweislich zu ein- fassung der Ergebnisse der laufenden Forschungsar- deutigen Verbesserungen der Rechte von Menschen beit. Er wird zukünftig jährlich oder alle zwei Jahre mit Behinderung geführt haben. Um solche Good Poli- veröffentlicht. cies zusammenzutragen, arbeitete das Zero Project mit dem World Future Council (WFC) zusammen, einer Zero Project: Sozialindikatoren, Stiftung, die Politiker über zukunftsgerechte Problem- Good Practice und Good Policy lösungen berät. Der WFC wandte seine Methodologie Das Zero Project ist in drei Arbeitsbereiche gegliedert, der zukunftsgerechten Gesetzgebung auf die vom in- die alle helfen, das tägliche Leben und die Rechtslage ternationalen Expertennetzwerk nominierten Good von Menschen mit Behinderung zu verbessern. Policies an und präsentierte die Ergebnisse einem wis- senschaftlichen Beirat, welcher die acht Good Policies 1. Die Zero Project Sozialindikatoren: Diese des diesjährigen Reports auswählte. Sozialindikatoren messen und vergleichen die Umset- zung der UN-Konvention für Menschen mit Behin- derung (UN CRPD), in Ergänzung zur herausragenden Zero Project: Report, Webseite und Konferenz Arbeit von ANED (Academic Network of European Das Zero Project besteht aus drei Kommunikations- Disability Experts) oder zu anderen über nationale kanälen, um dessen Hauptbereiche zu fördern: Berichte und Schattenberichte an die UN. 1. Der aktuelle Zero Project Report, erschienen an- Die Zero Project Sozialindikatoren bieten Argumenta- lässlich des Internationalen Tages der Menschen mit tionshilfe zur Unterstützung von all jenen, die an der Behinderung am 3. Dezember 2011: Der Report wird nationalen oder regionalen Umsetzung der UN CRPD zukünftig entweder jährlich oder alle zwei Jahre er-
76_____ZERO REPORT 2011 EXECUTIVE SUMMARY
scheinen und fasst alle aktuellen Resultate des Zero in ihr Rechtssystem aufgenommen haben, und mehr Projects zusammen. Er ist sowohl als ausgedruckte als 100 Staaten der Welt die UN-Konvention bereits Version als auch als kostenloser Download auf der ratifiziert haben. Zero Project Website verfügbar. Die Umfrage fand zwischen Mai und September 2011 2. Die Zero Project Website (www.zeroproject.org): statt und vergleicht heuer 36 Staaten (2010: 15 Die Webseite wird offiziell im Jänner 2012 eröffnet. Staaten). Für 2012 ist eine zusätzliche Erweiterung Sie ist stark auf Social Media ausgerichtet und dient geplant. als interaktive Plattform für jeden, der an Sozialindika- Die Erhebung über Experten-Panels wirft auch in toren, Good Practice oder Good Policies im Bereich dieser Studie bekannte Probleme rund um die Ver- Menschen mit Behinderung interessiert ist. Eine Teil- gleichbarkeit der Ergebnisse auf. Eine weitere große nahme wird in vielerlei Hinsicht möglich sein, immer Hürde in diesem Zusammenhang stellen die fehlende mit dem Ziel, verbesserte Lösungen herauszuarbeiten. internationale Definition von „Behinderung“ und folg- Vorerst wird sich die Website auf die Good-Practice- lich die fehlenden international durchgeführten Statis- Beispiele und die Good Policies konzentrieren. tiken dar. Insofern sind alle Ergebnisse und Vergleiche 3. Die Zero Project Konferenz „International Confer- gewissen Einschränkungen unterworfen. ence on Good Policies for Disabled People“, die zusam- Reihung der Fragen nach der Ampelfarben-Bewertung men mit dem World Future Council organisiert wird, Nr. Inhalt Grün Orange Rot findet am 22. und 23. Jänner 2012 in Wien statt und 1 Zugänglichkeit von neuen Gebäuden 27 8 – konzentriert sich auf Good Policies. Durch einen 10 Normaler Unterricht in einer Volksschule 22 12 1 sorgfältigen Forschungs- und Evaluationsprozess sei- 6 Zeichensprache vor Gericht 22 11 2 tens des World Future Council, konnten acht Good Poli- 5 Teilweise Sachwalterschaft 20 9 5 cies von einem wissenschaftlichen Beirat ausgewählt 19 Offizielle Statistiken über Bildung/Beschäftigung 19 15 8 werden, die bei der Konferenz präsentiert und mit 200 14 Arbeitsplatzumgestaltung 19 13 3 internationalen Entscheidungsträgern aus dem Bereich 9 Recht auf Heirat, Kinder bekommen und aufziehen 16 17 2 der Behindertenpolitik diskutiert werden. Zum ersten 20 Dachorganisation 16 12 7 Mal werden Parlamentarier, Vertreter von NGOs und 11 Alternative Prüfungsmethoden für Studenten 14 18 3 Stiftungen, Akademiker und Aktivisten für die Rechte 13 Zugänglichkeit von Arztpraxen 14 17 4 der Menschen mit Behinderung zusammentreffen, um 8 Kontrollmechanismen in Institutionen 12 15 7 ausschließlich diese vorbildlichen Gesetze zu disku- 17 Recht auf Unterstützung beim Wahlvorgang 11 23 1 tieren und deren Umsetzung in anderen Ländern zu 21 Staatlich eingeführte „Focal Points“ 10 15 8 fördern. An dieser Stelle sei auch der Bank Austria 2 Rechtlicher Zeitrahmen für Zugänglichkeit 8 16 11 gedankt, die die Räumlichkeiten für diesen Event zur 7 Finanzielle Unterstützung 7 21 7 Verfügung stellt und diesen großzügig unterstützt. 16 Beschäftigungszahlen von Menschen m. Behinderung 6721 18 Statistiken über Menschen in Institutionen 5 23 7 Zero Project Sozialindikatoren: Ergebnisse 15 Staatlich angestellte Menschen mit Behinderung 5 20 10 Für den diesjährigen Zero Project Report wurden 3 Zugänglichkeit von öffentlichen Bussen 3 30 2 21 Sozialindikatoren erstellt und erhoben (im 12 Statistiken über Universitätsabsolventen 3 17 15 Wesentlichen ein Abbild der Sozialindikatoren der Pilot 4 Frühwarnsystem für nationale Notfälle 3 11 19 Studie aus dem Vorjahr, mit verkleinerter Anzahl). Alle Ergebnisse wurden der Einfachheit halber in Ampelfar- ben eingefärbt. Demnach repräsentiert GRÜN eine Sozialindikatoren: Die wichtigsten Ergebnisse gute Lösung, ORANGE eine Teillösung und ROT eine Frage 17: RECHT AUF UNTERSTÜTZUNG BEIM WÄHLEN nicht zufriedenstellende Lösung. Laut den Auskunftspersonen bekommen in 23 von 35 Die Sozialindikatoren orientieren sich inhaltlich aus- Ländern (oder in zwei Drittel der befragten Länder) schließlich an der Umsetzung der UN-Konvention über Menschen mit Behinderung nicht die notwendige Hil- die Rechte von Menschen mit Behinderung, da die Län- festellung, ihr Wahlrecht geheim auszuüben. Während der, die der UN-Konvention zugestimmt haben, diese einige der Länder erst seit Kurzem eine Demokratie
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sind (jedes der befragten Länder ist offiziell eine rekt über öffentliche Fördergelder finanziert werden, Demokratie), hat die Mehrheit seit Langem ein ist es schwer zu verstehen, warum diese finanzielle demokratisches System, und in diesem sollte das Unterstützung nicht auch an die Veröffentlichung geheime Wahlrecht tief verankert sein. transparenter Daten über den universellen Zugang zu Bildung gekoppelt ist. Frage 4: FRÜHWARNSYSTEM FÜR NATIONALE NOTFÄLLE In nur drei Ländern – Dänemark, den Niederlanden Frage 1: ZUGÄNGLICHKEIT VON NEUEN GEBÄUDEN und Großbritannien – sind die staatlichen Frühwarn- Einige positive News: Von 35 Ländern haben 27 in systeme universell für Menschen mit Behinderung Gesetzen verankert, dass alle neu errichteten Gebäude zugänglich. In 19 anderen Ländern wurde solch ein für Menschen mit Behinderung zugänglich sein müssen Frühwarnsystem nicht einmal erstellt. – und dies für alle Arten von Behinderungen. Kein Da es drei Staaten gibt, die hier eindeutig eine Vorrei- einziges Land wurde hier mit „rot“ bewertet, was terrolle einnehmen und die Umsetzbarkeit beweisen, wiederum bedeutet, dass die Staaten Zugänglichkeit sollte es anderen Ländern nicht besonders schwer zumindest grundsätzlich ernst nehmen. Die fallen, diesem Beispiel zu folgen. Schwierigkeit liegt darin, universelle Zugänglichkeit für alle Arten von Behinderungen zu schaffen, und auch Frage 3: ZUGÄNGLICHKEIT VON ÖFFENTLICHEN BUSSEN bei diesem Thema dürfte sich internationale Zusam- Nur drei Länder – Israel, die Niederlande und Groß- menarbeit auszahlen, um nicht überall „das Rad neu britannien, sowie der US-Bundesstaat Kalifornien – erfinden zu müssen“. beantworteten diese Frage mit einem „grünen“ Licht, und interessanterweise hat nur Großbritannien bislang FRAGE 5: PARTIELLE SACHWALTERSCHAFT die UN-Konvention ratifiziert. In jedem der anderen 32 (ENTMÜNDIGUNG) Länder (und in USA/New York) ist das Bussystem in In mehr als der Hälfte (20) der befragten Länder ist den Hauptstädten nicht universell zugänglich. Da eine partielle Sachwalterschaft in verschiedenen For- Busse überall ein wichtiges Transportmittel für Men- men rechtlich möglich, in neun Ländern ist dieses schen mit Behinderung darstellen, hat diese Situation Recht zumindest ansatzweise gegeben. Dieses Ergeb- weitreichende negative Folgen hinsichtlich Beschäfti- nis ist ganz im Sinne des Paradigmenwechsels von der gung (Erreichen des Arbeitsplatzes), Bildung (Er- „delegierten Entscheidungsfindung“ zur „unterstützten reichen der Schule/Ausbildungsstätte) und Freizeit- selbstbestimmten Entscheidungsfindung“ (supported aktivitäten – um nur einige Beispiele zu nennen. decision making), den die UN-Konvention fordert. Irland ragt in dieser Übersicht heraus, denn es bietet Frage 15: STAATLICH BESCHÄFTIGTE MENSCHEN nur die Möglichkeit einer vollständigen Sachwalter- MIT BEHINDERUNG schaft – verankert in einem Gesetz, das noch aus der Beschäftigungszahlen von Menschen mit Behinderung Zeit der britischen Besetzung stammt. im öffentlichen Dienst werden nur von fünf Ländern veröffentlicht. Mehr als 20 Länder veröffentlichen sie Frage 10: RECHT AUF EINEN REGULÄREN entweder gar nicht, verfügen über keine offiziellen SCHULUNTERRICHT Daten oder veröffentlichen sie nicht jährlich. Dies ist Bedenkt man die Bedeutung von frühestmöglicher umso bedenklicher, da die Zahlen relativ einfach und Inklusion von Kindern, so ist es ermutigend, dass in 22 mit nur geringem Kostenaufwand erhoben werden von 35 Ländern jedes Kind mit Behinderung zumindest könnten. das Recht auf eine freie und verpflichtende Schulaus- bildung in einer regulären Bildungseinrichtung hat. Frage 12: STATISTIKEN Es bleibt zu hoffen, dass diese Zahl weiter steigt. Ar- ÜBER UNIVERSITÄTSABSOLVENTEN gentinien, wo die UN-Konvention zwar unterzeichnet Ein erschreckendes Ergebnis: 15 „rote“ und 17 „oran- wurde, sticht als Ausnahme hervor, denn das Recht auf ge“ Lichter! Wenn man berücksichtigt, dass fast alle einen normalen Volksschulunterricht ist weiterhin nicht Universitäten (zumindest in Europa) direkt oder indi- anerkannt.
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Frage 18: STATISTIKEN ÜBER MENSCHEN Statistiken und Daten generell muss entweder auf MIT BEHINDERUNG IN INSTITUTIONEN fehlenden Handlungswillen oder auf ein systematis- Wie können Staaten ihre Verantwortung gegenüber ches Evaluierungsproblem hinweisen. Menschen mit Behinderung in Institutionen wahrnehmen, wenn sie nicht einmal wissen, wie viele Frage 6: GEBÄRDENSPRACHE VOR GERICHT Menschen in solchen Institutionen leben? Und wenn sie Gleicher Zugang zum Recht ist ein wichtiger Aspekt es doch wissen, warum werden solche Zahlen nicht der UN-Konvention, und das Ergebnis dieses veröffentlicht? Sozialindikators ist erfreulich, da – abgesehen von Nur fünf Länder (unter ihnen Irland, das die UN-Kon- der schlimmen Situation für Menschen mit Gehörbe- vention nicht ratifiziert hat, und die Schweiz, die die hinderungen in Albanien und Irland – mehr als UN-Konvention nicht einmal unterschrieben hat) veröf- 60 Prozent der befragten Länder die Gebärden- fentlichen Zahlen jährlich und offiziell. sprache als offizielle Sprache vor Gericht anerkannt haben. Frage 16: ZAHL DER MITARBEITER MIT BEHINDERUNG Weiters wird für Menschen mit Gehörbehinderung ein In fast zwei Drittel (21 von 34) der befragten Länder vom Staat finanzierter Übersetzer bereitgestellt. gibt es entweder keine Zahlen über die Beschäftigung von Menschen mit Behinderung oder die Zahl der Frage 8: KONTROLLMECHANISMEN IN INSTITUTIONEN Beschäftigten mit Behinderung ist gesunken. Beide Die Resultate dieser Frage sind besorgniserregend. Befunde sind unerfreulich: Wenn die Quote in jedem Der Indikator misst nur, ob die Menschen mit Behin- dieser Länder gesunken ist, dann lautet die unmittel- derung grundsätzlich das Wahlrecht haben, in einer bare Frage: Aus welchem Grund? Und wenn derzeit Einrichtung zu bleiben oder diese zu verlassen. Es keine Zahlen bekannt sind – wie will sich ein Staat geht nicht darum, ob dieses Recht auch tatsächlich diesem Problem stellen, wenn nicht einmal seine ausgeübt wird. Dimension bekannt ist? In fast der Hälfte der befragten Länder (15 von 34) ex- istieren entweder keine Kontrollmechanismen oder Frage 14: ADAPTIERUNG DES ARBEITSPLATZES Menschen mit Beeinträchtigung werden nicht über ihr In 19 Ländern verpflichtet der Staat die Arbeitgeber Wahlrecht informiert. dazu, Arbeitsplätze so zu gestalten, dass auch Men- schen mit Behinderung dort ihrer Arbeit nachgehen Unterschiede der österreichischen Bundesländer können. Dies ist ein bemerkenswertes Ergebnis. In NGOs in den neun österreichischen Bundesländern weiteren 13 Ländern ist der Arbeitgeber zumindest wurden zu 13 dieser 21 Fragen befragt – auch um Un- teilweise dazu verpflichtet. Es ist zu hoffen, dass sich terschiede in Österreich aufzuzeigen. Da Österreich ein diese Zahlen bald weiter verbessern werden. Bundesstaat ist, gehören viele Bestimmungen betref- fend Menschen mit Behinderung zum Tätigkeitsbereich Frage 19: OFFIZIELLE STATISTIKEN ZUR BILDUNG der Bundesländer. UND BESCHÄFTIGUNG Eine Veröffentlichungspflicht in einem Zeitraum von Die wichtigsten Resultate: zehn Jahren ist wohl als sehr großzügig anzusehen. • Wien ist das einzige Bundesland, in dem ein „Focal Dennoch ist das Ergebnis bedrückend: Acht Länder Point“ bereits eingerichtet worden ist. haben noch nie eine Studie in Auftrag gegeben, in • Es gibt signifikante Unterschiede bei der welcher offiziell nach Absolventen mit Behinderung Zugänglichkeit von Gebäuden. Sowohl Kärnten als gefragt wird. In weiteren 15 Ländern umfassen diese auch Oberösterreich sind hierbei führend. Statistiken entweder nur Bildung oder nur Beschäfti- • Laut den NGOs in Kärnten und Vorarlberg sind diese gung oder sie sind älter als zehn Jahre. Eine Politik, zwei Bundesländer die einzigen, die Kontrollmecha- die erfolgreich Menschen mit Behinderung unter- nismen eingeführt haben, um sicherzustellen, dass stützt, braucht vollständige und regelmäßig veröf- keine Person in einer Institution länger bleiben muss fentlichte Daten. Die große Zahl an unbefriedigenden als nötig. (Frage 8)
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• Weiters gibt es große Unterschiede betreffend der plätze für blinde Menschen als auch gegenseitiges Zugänglichkeit von Arztpraxen. (Frage 13) Verständnis zwischen Menschen mit und ohne Seh- • Laut Auskunftspersonen sind Oberösterreich und behin derung schafft, und Tirol die einzigen zwei Bundesländer mit offiziellen • ein Personalvermittlungsunternehmen, das die Beschäf - Statistiken über Beschäftigung und Bildung. ti gung von Menschen mit Behinderung unterstützt.
Zero Project Good Practice, Ergebnisse 3. Hardware/Software/Technische Hilfsmittel Die Essl Foundation hat ein internationales Netzwerk • Eine Software, die E-Mail- und Webseitentexte ins Leben gerufen, bestehend aus mehr als 100 Men- zugänglicher für Menschen mit Behinderung macht, schen mit Behinderung, NGOs, Sozialunternehmern, • ein System der Echtzeitübersetzung und Unter- Stiftungen, Netzwerken, Medien, Unternehmen (z.B. titelung für Konferenzen und Diskussionen, Infrastrukturanbietern), Akademikern, Regierungs- • ein interaktiver Online-Stadtplan, in den jeder mitarbeitern, Politikern etc. Basierend auf diesem Nutzer barrierefreie Plätze (und Barrieren) eintragen Netz werk wurde ein Drei-Stufen-Prozess für die und kommentieren kann, sowie Auswahl der bemerkenswertesten Good-Practice- • ein standardisierter Schlüssel für alle sanitären Ein- Beispiele entwickelt. Die endgültige Auswahl ergab 27 richtungen in Europa, wurden in diese Kategorie Good-Practice-Beispiele, die in diesem Report im Detail gewählt. beschrieben werden und das Kernstück der Zero Project Webseite sind. Es wurden acht Kategorien 4. Bewusstseinsbildung/Aufklärung/ entwickelt, um die Good Practice nach ihrem Ansatz Transparenz/politische Umsetzung zu ordnen. • Eine Initiative für Ärzte, um Flüchtlingen mit Behin- derung zu helfen, 1. Assistenz • kompetenzstärkende Seminare und Planungsmo- • Eine Hilfestellung für Familien, die „Zeit zum Ab- delle, um die UN-Konvention umzusetzen, und schalten“ ermöglicht, • ein Modell zur Unterstützung der lokalen/regionalen • ein Service zur Sexualbegleitung, Umsetzung der UN-Konvention. • eine Organisation für genossenschaftlich organisierte persönliche Assistenz, 5. Medien/TV • eine interdisziplinäre Kommission, die die Rechte • Untertitelung der Fernsehnachrichten in Südamerika, von Menschen mit Behinderung schützt, • ein spezieller Web-TV-Kanal für Gehörlose oder • ein Babysimulator als Entscheidungshilfe für die Schwerhörige, und Elternschaft und • ein Auswertungsverfahren für die Zugänglichkeit von • die ENIL-Initiative für selbstbestimmt Leben. Webseiten oder anderen digitalen Medien.
2. Unterstützung am Arbeitsplatz und Schaffung von 6. Coaching/Ausbildung Arbeitsplätzen • Ein Trainingszentrum für Menschen mit Behinderung, • Eine Internet-Jobplattform, die Unternehmen dazu das Peer-Berater für Menschen mit Behinderung ermutigt, Menschen mit Behinderung zu beschäfti- ausbildet, und gen, • eine Kampagne für junge Menschen, die es ihnen er- • eine Beschäftigungsinitiative für Personen mit möglicht, mehr Bewusstsein für die UN-Konvention psychosozialen Behinderungen in Asien, zu fördern. • ein Beschäftigungsmodell für Personen mit Autismus, 7. Internationale Kooperation/ • ein Ausbildungsprogramm für blinde Frauen, um Einwicklungszusammenarbeit Brustkrebsuntersuchungen bei anderen Frauen zu • Leitlinien für Koordinatoren der Entwicklungshilfe, übernehmen, um Menschen mit Behinderung in Entwicklungspro- • eine Unterhaltungseinrichtung, die sowohl Arbeits- grammen stärker einzubeziehen, und
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• ein Überwachungssystem für die Umsetzung der UN- 2. Spezielle Gesetze Konvention in Entwicklungsländern. In wohl jedem Land der Welt gibt es spezielle Gesetze und Bestimmungen, die Menschen mit Behinderung 8. Daten/Statistik schützen und sie unterstützen: mit finanziellen Program- • Eine weltweite Online-Datenbank über aktuelle men, steuerlichen Anreizen, Mindestanforderungen, Bar- staatliche Projekte, die Menschen mit Behinderung rierefreiheit, Bewusstseinsbildung, Ausbildungsförderung in Bildungs-, Existenzsicherungs- und Gesundheits- oder Schaffung von Transparenz. Von allen Nominierun- programmen einbeziehen. gen wählte der wissenschaftliche Beirat schlussendlich fünf als herausragende Beispiele für Good Policies aus. Zero Project Good Policy, Ergebnisse Sie alle haben identifizierbare Verbesserungen hervorge- bracht und können hiermit empfohlen werden, auch in Für die Nominierungen der Good Policies kontaktierten anderen Ländern umgesetzt zu werden. die Essl Foundation und der World Future Council Ex- perten der Behindertenpolitik von allen Kontinenten, Diese fünf Good Policies sind: einschließlich aller Mitglieder des UN-BRK-Ausschus- • Das schwedische Ombudsmannsystem, welches Per- ses, des Europäischen Behindertenforums und sonen mit schweren geistigen oder psychosozialen der International Disability Alliance. Dieses Experten- Behinderungen unterstützte, an Stelle von Stell- netzwerk nominierte 18 verschiedene Gesetze oder vertretenden Entscheidungen ermöglicht und Bestimmungen aus Ländern und Bundesländern. welches Entmündigung, Selbstmord, Einsamkeit Die nominierten Politiken wurden vom World Future (und zudem Kosten) reduziert. Council, mittels seiner Methodologie der zukunft- • Die „Vertretungsvereinbarungen“ von British Colum- gerechten Gesetzgebung, untersucht und bia (Kanada), die das Recht auf freie Entscheidung ausgewertet. von Menschen mit Behinderung stärken, den betrof- Als dritter Schritt wurden die acht Good Policies fenen Personen eine bedarfsgerechte Unterstützung schlussendlich von einem wissenschaftlichen Beirat gewähren und sie vor einer Zwangsvormundschaft ausgewählt. Die acht Good Policies können in zwei schützen. Kategorien unterteilt werden: • Das schwedische Recht auf selbstbestimmt Leben, welches eines der weltweit wenigen Gesetze ist, die 1. Antidiskriminierungs- und Gleichstellungsgesetze es Menschen mit schweren Behinderungen erlauben, In vielen Ländern existieren Gesetze, die als Grund- eigenständig jene Hilfestellungen auszuwählen, die lage aller Maßnahmen zur Vorbeugung und Bekämp- am besten zu ihren Bedürfnissen passen. Sie, und fung von Diskriminierung in der Gesellschaft dienen. nicht die Anbieter von Dienstleistungen, bekommen Diese Gesetze unterscheiden sich sehr hinsichtlich die finanzielle Unterstützung direkt, um die persön- ihrer Vollständigkeit (einige Gesetze betreffen nur lichen Assistenzleistungen anzufordern. Dies gestat- spezielle Arten von Behinderungen, andere wiederum tet den betroffenen Personen maximale Kontrolle gelten für jede Art von Diskriminierung – Rasse, und Entscheidungsfreiheit. Religion, Minderheit, Geschlecht etc.) und in vielen • Die Verpflichtung von allen Kindertagesstätten, anderen Aspekten. Vor allem jedoch tragen diese Schulen und Universitäten in Italien, jedes Kind, je- Gesetze entscheidend zur Verbesserung der Lebens- den Schüler und jeden Studenten zu akzeptieren, umstände von Menschen mit Behinderung bei und tun egal ob eine Behinderung vorliegt, einschließlich der dies in vielfältigsten Bereichen, vor allem Bildung, schwersten Behinderungen. Aufgrund dieses Gesetzes Beschäftigung, Gesundheit, Transport, Zugang zu In- sind nun 99,6 Prozent aller Schüler mit Behinderun- formationen und vieles mehr. Die Endauswahl beinhal- gen in eine reguläre Schulausbildung einbezogen. tet die Antidiskriminierungs- und Gleichstellungsge- • Das System des universellen Rechtszugangs in setze von Österreich, Spanien und Großbritannien. Alle Israel, wo jede Person mit mentaler und intellek- drei haben Stärken und Schwachstellen, doch – laut tueller Behinderung oder mit Kommunikations- den Experten – sind dies jene Gesetze, an denen man schwierigkeit, das Recht auf adäquate Vorkehrungen sich momentan orientieren kann. während Ermittlungs- und Gerichtsverfahren hat.
ZERO REPORT 2011_____81 INDIKATOREN – VERGLEICH ÖSTERREICHISCHER BUNDESLÄNDER
BARRIEREFREIHEIT NEUER ÖFFENTLICHER GEBÄUDE
1. Müssen alle neu errichteten Gebäude, die öffentlich zugänglich sind, barrierefrei sein?
ZUSAMMENFASSUNG DER ERGEBNISSE Die Ergebnisse sind innerhalb der österreichischen Bundesländer gespalten. Rund die Hälfte der NGOs geht davon aus, dass es gesetzlich verpflichtende Vorgaben gibt, diese auch in den Landesgesetzgebungen ver- ankert sind und auch alle Formen von Behinderungen berücksichtigen. Die andere Hälfte glaubt allerdings, dass dies nur teilweise zutrifft. In diesem Zusammenhang wird darauf öfters hingewiesen, dass Menschen mit in- tellektueller Behinderung gar nicht oder zuwenig berücksichtigt wurden. Für Niederösterreich liegt keine Antwort von der NGO vor. ZUSATZINFORMATION OIB Richtlinie: http://www.oib.or.at Zentrum für barrierefreie Lebensräume: www.designforall.at „BARRIERE:FREI! Handbuch für barrierefreies Wohnen, 4/2011; Hg. BMASK
Burgenland
Kärnten • Die Gesetzgebung schließt alle Arten von Behinderun- Niederösterreich gen ein und deckt alle Neubauten mit öffentlicher Zugänglichkeit ab. Oberösterreich • Es gibt nur für bestimmte, neu gebaute Gebäude (Ki- Salzburg nos können z.B. nicht umfasst sein) eine gesetzliche Regelung. Oder es ist nur die Zugänglichkeit für Men- Steiermark schen mit bestimmten Behinderungen abgedeckt
Tirol • Es gibt keine solche Gesetzgebung. Vorarlberg Wien
AUSGEWÄHLTE ERLÄUTERUNGEN OÖ: Laut oö. Bautechnikgesetz §27 sind alle neu zu errichtenden Gebäude, die öffentlich zugänglich sind, barrierefrei zu errichten. T: Der Personenkreis von intellektuell beeinträchtigen Personen wird teilweise nicht adäquat berücksichtigt. STMK: Laut der Steiermärkische Baugesetznovelle 2010 (kundgemacht im LGBl. Nr. 13 vom 28.02.2011; tritt in Kraft am 01.05.2011) müssen folgende Bauwerke (Neubauten) so geplant und ausgeführt sein, dass sie für Besucher und Kunden bestimmten Teile auch für Kinder, ältere Personen und Personen mit Behinderungen gefahrlos und tunlichst ohne fremde Hilfe zugänglich sind: 1. Bauwerke für öffentliche Zwecke (z. B. Behörden und Ämter), 2. Bauwerke für Bildungszwecke (z. B. Kindergärten, Schulen, Hochschulen, Volksbildungseinrichtungen), 3. Handelsbetriebe mit Konsumgütern des täglichen Bedarfs, 4. Banken, 5. Gesundheits- und Sozialeinrichtungen, 6. Arztpraxen und Apotheken, 7. öffentliche Toiletten sowie 8. sonstige Bauwerke, die allgemein zugänglich und für eine gleichzeitige Anwesenheit von mindestens 50 Besucher oder Kunden ausgelegt sind.
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ZEITRAHMEN NEUER ÖFFENTLICHER GEBÄUDE
2. Gibt es einen Zeitrahmen, in dem alle öffentlich zugänglichen Gebäude barrierefrei sein müssen?
ZUSAMMENFASSUNG DER ERGEBNISSE Österreichweit kommt hier grundsätzlich das Bundes-Behindertengleichstellungsgesetz zur Anwendung, in dem dies geregelt ist. Trotzdem sehen die NGOs in den Bundesländern dies nur teilweise für gegeben an. Der Großteil der NGOs sieht darin ein „Orange“, da zwar das Bundesgesetz auch für Bundesländer gilt, es aber keine direkte gesetzliche Verankerung in ihrem Bundesland gibt. Diese wird als Voraussetzung für die tatsächliche Umsetzung gesehen. Burgenland, Tirol und Wien werten mit „rot“, weil ihnen keinerlei gesetzlichen Vorgaben bekannt sind. Für Kärnten merkt die NGO an, dass die Übergangsfrist im Bundes-Behindertengleichstellungsgesetz mit 31.12.2015 festgesetzt ist. Der Bund selbst hat diese Übergangsbestimmung im Jahre 2010 verlängert: Für barrierefreie Adaptierung von Bundesgebäuden ist nun bis zum 31.12.2019 Zeit (vorher: Ende 2015). Allerdings müssen Etappenpläne vorgelegt werden. Oberösterreich merkt an, dass nach Auskunft beim Amt der oberösterreichischen Lan- desregierung „alle Bauvorhaben, die bereits bewilligt und gebaut sind, nicht im Sinne der Barrierefreiheit verändert werden müssen. Werden Um- oder Zubauten vorgenommen, so müssen diese barrierefrei gestaltet werden.“ Die NGO aus Niederösterreich hat die Frage nicht beantwortet.
Burgenland • Alle existierenden Gebäude mit öffentlichem Zugang Kärnten sind, ohne jegliche Ausnahme, per Gesetz dazu verpflichtet bis spätestens 2015 komplett barrierefrei Niederösterreich für Mensch mit Behinderung zugänglich zu sein. Oberösterreich • Nicht alle Gebäude sind umfasst. Zum Beispiel kann Salzburg das Gesetz nur Gerichtshöfe oder öffentliche Gebäude betreffen. Oder das Datum ist erst 2017. Oder das Steiermark Gesetz deckt nur bestimmte Behinderungen ab, zum Tirol Beispiel, nur Menschen mit Sehbehinderung und nicht Menschen in Rollstühlen. Vorarlberg • Es gibt keine solche Gesetzgebung. Wien
AUSGEWÄHLTE ERLÄUTERUNGEN OÖ: Laut telefonischer Auskunft beim Amt der oö. Landesregierung müssen alle Bauvorhaben, die bereits bewilligt und gebaut sind, nicht im Sinne der Barrierefreiheit verändert werden. Werden Um- oder Zubauten vorgenommen, so müssen diese barrierefrei gestaltet werden. T: Auf Landesebene gibt es diesbezüglich keine entsprechende Gesetzgebung hinsichtlich öffentlicher Gebäude (wie Universitäten, Schulen, Krankenhäuser…) VBG: Bundesgesetz schon, aber nicht auf Landesebene
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BARRIEREFREIE BEFÖRDERUNG IN LINIENBUSSEN
3. Sind alle Linienbusse in der Hauptstadt für alle Menschen mit Behinderung nutzbar?
ZUSAMMENFASSUNG DER ERGEBNISSE In acht Bundesländern sind die Linienbusse in der Bundes- oder Landeshauptstadt nur teilweise für Menschen mit Behinderung barrierefrei nutzbar. In Wien, Innsbruck, Bregenz, Graz sind die Fahrer nicht im Umgang vor allem mit Menschen mit intellektuellen Beeinträchtigungen geschult und man ist auf bemühte Fahrer angewiesen. In Linz und in Klagenfurt „muss jeweils der Fahrer dem Rollstuhlfahrer behilflich sein, da die Ram- pen händisch angebracht werden müssen“. Kärnten ist das einzige Bundesland in dem die Fahrer geschult wur- den. In Eisenstadt gibt es weniger Linienbusse, dafür das System der kostengünstigen Citytaxis (€ 2,- pro Fahrt). Dabei handelt es sich um gängige Taxis, die entweder am Stadtplatz stehen oder zu jeder Adresse in Eisenstadt gerufen werden können. Von dort aus werden die Kunden – sowohl mit und ohne Behinderung – zu individuellen Orten im Stadtgebiet gebracht. Menschen mit Rollstühlen können ebenso transportiert werden.
Burgenland • Alle öffentlichen Busse der Hauptstadt sind für Kärnten Menschen mit Behinderung zugänglich. Rollstuhlfahrer können den Bus selbstständig betreten und verlassen Niederösterreich und der Bus hat Raum für zwei (2) Rollstühle. Außer- Oberösterreich dem ist der Busfahrer geschult, Menschen mit Behin- derung zu unterstützen. Salzburg • Nur einige Busse haben Platz für zwei (2) Rollstühle Steiermark oder manche Busse sind für Menschen mit Behinderung Tirol nicht zugänglich bzw. der Fahrer ist nicht geschult. • Keiner der öffentlichen Busse der Hauptstadt ist für Vorarlberg Menschen mit Behinderung zugänglich. Wien
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Alle Busse sind barrierefrei. Alle Lenker werden im Umgang mit Menschen mit Behinderungen geschult. Es gibt aber keine Rollstuhlrampen – daher können Rollstuhlfahrer den Bus nicht ohne Unterstützung befahren. OÖ: Laut Auskunft der LinzAG sind alle eingesetzten Busse für Rollstuhlfahrer benutzbar. Allerdings muss jeweils der Fahrer dem Rollstuhlfahrer behilflich sein, da die Rampen händisch angebracht werden müssen. STMK: Laut Website der Verbundlinie sind alle Busse barrierefrei, aber Busfahrer sind nicht geschult. Es gibt immer wieder Beschwerden über deren Verhalten. T: Es mangelt meist an der adäquaten Unterstützung der beeinträchtigten Personen insb. bei Personen mit intellektueller Beeinträchtigung. Fahrpläne in einfacher Sprache gibt es nicht. VBG: Ja, aber: Nur einige, braucht Unterstützung. Fahrer nicht geschult. Angewiesen auf bemühte Fahrer. Wien: Ja, aber: Nicht alle Busse und Fahrer sind gleich zugänglich bzw. geschult. Selbstfahrer mit intellektueller Beeinträchtigung bräuchten leichter verständliche Fahrpläne und Hilfe bei der Orientierung.
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ANSPRUCH AUF FINANZIELLE UNTERSTÜTZUNG
4. Gibt es einen rechtlichen Anspruch auf die finanzielle Unterstützung, um die volle Teilnahme am Leben in der Gemeinschaft zu ermöglichen?
ZUSAMMENFASSUNG DER ERGEBNISSE In sechs Bundesländern ist die finanzielle Unterstützung nicht für alle bzw. nur begrenzt verfügbar. In Tirol wird nach den Informationen der NGO Persönliche Assistenz „nur Personen mit körperlicher Beeinträchtigung bewilligt. Personen mit intellektueller Beeinträchtigung erhalten keine persönliche Assistenz. Wenn sie über 75 Stunden/ Monat Assistenz benötigen, müssen sie in Wohngemeinschaften leben“. In Oberösterreich steht im Chancengleich- heitsgesetz (§ 16), „dass alle Personen, die eine Hauptleistung aus dem CHG beziehen, auch ein monatliches Min- desteinkommen gewährleistet werden muss.“ In den meisten Bundesländern handelt es sich um eine „Kann-Leis- tung“. In Burgenland und in Vorarlberg gibt es bis dato keine persönliche Assistenz laut Angaben der NGO.
ZUSATZINFORMATION Der Sozialausschuss hat am 15. März 2011 betreffend persönliche Assistenz Folgendes beschlossen: „Der Bun- desminister für Arbeit, Soziales und Konsumentenschutz wird ersucht, gemeinsam mit den Ländern Vorschläge für eine bundesweit einheitliche Regelung der Persönlichen Assistenz in allen Lebensbereichen im Rahmen einer Vereinbarung nach Art. 15a B-VG zu erarbeiten und diese bei der Neuordnung im Zuge des nächsten Finan- zausgleichs mit zu verhandeln." (www.bizeps.or.at)
Burgenland Kärnten Alle Menschen mit Behinderung haben den gesetzlichen Niederösterreich • Anspruch auf finanzielle Unterstützung, um die Teil- Oberösterreich nahme am Leben in der Gemeinschaft zu ermöglichen. Salzburg • Laut gesetzlicher Regelung ist eine finanzielle Unter- stützung nicht für alle oder nur begrenzt verfügbar. Steiermark • Menschen mit Behinderung haben kein gesetzliches Tirol Anrecht auf eine solche finanzielle Unterstützung. Vorarlberg Wien
AUSGEWÄHLTE ERLÄUTERUNGEN STMK: Es ist die Leistung "Persönliches Budget" vorgesehen. Diese ist jedoch sowohl von der Zielgruppe her als auch vom finanziellen Aufwand begrenzt. T: Eine Persönliche Assistenz wird nur Personen mit körperlicher Beeinträchtigung bewilligt. Personen mit intellektueller Beeinträchtigung erhalten keine pers. Ass. wenn sie über 75 Stunden/Mo Ass. benötigen, müssen sie in Wohngemeinschaften leben. VBG: es gibt keinen Rechtsanspruch in Vorarlberg. Persönliche Assistenz ist in Vorarlberg nicht geklärt. Wien: Menschen mit intellektueller Beeinträchtigung oder Sinnesbeeinträchtigung sind explizit von Persönlicher Assistenz ausgeschlossen.
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KONTOLLMECHANISMEN – AUFENTHALT IN EINRICHTUNGEN
5. Gibt es Kontrollmechanismen, durch die sichergestellt wird, dass Menschen mit Behinderung nur aufrund ihrer eigenen Entscheidung in Institutionen bleiben?
ZUSAMMENFASSUNG DER ERGEBNISSE In sechs Bundesländern werden Informationsmöglichkeiten für Menschen mit Behinderungen zu ihren Wohn- möglichkeiten angeboten. In der Steiermark wird im Rahmen einer Evaluierung auf das Entscheidungsrecht aufmerksam gemacht, allerdings findet diese Erhebung nicht regelmäßig statt. In Oberösterreich haben Personen mit Behinderung grundsätzlich die Möglichkeit zu wählen, ob sie in der Institution bleiben möchten. Die Einrich- tungen werden im Rahmen der Fachaufsicht überprüft. Tirol merkt an, das „insbesondere Menschen mit intellek- tueller Beeinträchtigung deshalb nicht wählen können, weil sie keine Alternativen kennen.“ Mit „Grün“ wird das Bundesland Kärnten von der NGO bewertet, weil durch die regelmäßigen Besuche der „Bewohnervertretung“ eine Überprüfung stattfindet. In Vorarlberg werden Menschen mit Behinderung im Rahmen eines „Hilfsplangesprächs“ über die verschiedenen Wohnformen informiert. Das Land Vorarlberg überprüft die Entscheidung über die Wohn- form nachträglich, durch rückfragen. Laut NGO erfolgt in der Praxis jedoch die „Entscheidung aber oft nach ef- fizienten Gesichtspunkten – ein günstiger Träger bekommt den Zuschlag“.
ZUSATZINFORMATION www.sachwalter.at (Die Bewohnervertretung)
Burgenland • Jede Einrichtung wird z.B. jährlich von unabhängigen Instituten, Ärzten etc. überprüft und wo eine Person Kärnten mit Behinderung in der Lage ist, selbst zu entscheiden, Niederösterreich hat diese Person auch das Wahlrecht, in der Einrichtung zu bleiben (oder auch nicht), d.h. die Entscheidung, Oberösterreich dort zu bleiben oder nicht, liegt bei der Person selbst. Salzburg • Institutionen werden nicht überprüft oder Menschen mit Behinderung werden nicht darüber informiert, dass Steiermark sie die Freiheit haben zu wählen, ob sie in diesen Insti- Tirol tutionen bleiben wollen. Vorarlberg • Einrichtungen werden nicht überprüft und Menschen mit Behinderung dort haben kein Recht zu entscheiden, Wien ob sie dort bleiben oder nicht.
AUSGEWÄHLTE ERLÄUTERUNGEN OÖ: Die Menschen mit Behinderungen haben grundsätzlich die Möglichkeit zu wählen, ob sie in der Institution bleiben möchten. Die Einrichtungen werden im Rahmen der Fachaufsicht überprüft. Es gibt eine Verpflichtung zur regelmäßigen Reflexion mit dem Menschen mit Behinderungen in Bezug auf sein Angebot. Allerdings gibt es keine dezidierte Verpflichtung dazu. STMK: Die Menschen in den Institutionen werden von Nueva evaluiert. In den Evaluationen werden Nutzer auf Entscheidungsrecht aufmerksam gemacht, aber diese Evaluationen sind nicht jährlich in jeder Einrichtung möglich.
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OFFIZIELLE STATISTIK ÜBER UNIVERSITÄTSABSOLVENTEN
6. Gibt es offizielle Statistiken über die Zahl der Universitätsabsolventen mit Behinderung?
ZUSAMMENFASSUNG DER ERGEBNISSE Der Großteil der Bundesländer (acht von zehn) gibt an, dass es keine Zahlen von Studienabsolventen gibt oder diese ihnen nicht bekannt sind. Das Institut Integriert Studieren an der Universität Linz bestätigt, dass es zwar Zahlen gibt, aber diese nicht publiziert werden. Die NGO aus Niederösterreich gab keine weitere Information zu seiner „Orange“-Entscheidung an.
ZUSATZINFORMATION Alle zwei Jahren wird von der Forschungsgruppe equi am Institut für Höhere Studien (IHS) in Wien eine Sozialerhebung durchgeführt und ausgewertet. Diese Studie beinhaltet auch den Teilbereich „Situation von gesundheitlich beeinträchtigten Studierenden.“ Die letzte Erhebung fand 2009 statt und ist unter www.sozialer- hebung.at herunterladbar. Die Ergebnisse von 2011 werden voraussichtlich im Frühjahr 2012 veröffentlicht.
Burgenland • Alle diese Statistiken beinhalten die Anzahl der Kärnten Studierenden und Universitätsabsolventen mit Behin- derung. Diese werden jährlich veröffentlicht und sind Niederösterreich nicht älter als ein Jahr. Oberösterreich • Einige dieser Zahlen sind nicht veröffentlicht. Die Zahlen werden nicht jährlich veröffentlicht oder sind Salzburg älter als ein Jahr wenn sie veröffentlicht werden. Die Steiermark Zahlen decken nur ausgewählte Universitäten oder Behinderungen ab. Solche Zahlen sind vorhanden, aber Tirol sie sind nicht „offiziell“.
Vorarlberg • Keine solchen Statistiken wurden veröffentlicht oder sind überhaupt vorhanden. Wien
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Laut Auskunft der Uni-Klagenfurt gibt es keine gesetzliche Grundlage, die eine solche Statistik erlaubt. OÖ: Laut telefonischer Auskunft am Institut Integriert Studieren an der Johannes Kepler Universität Linz gibt es nur inoffizielle Statistiken, da die Daten in Bezug auf Beeinträchtigungen sensible Daten sind, die nicht offiziell erhoben werden. Bei der Absolventenstatistik wird nur nach Kriterien wie z.B. Geschlecht unterschieden, nicht aber nach Absolvent mit Beeinträchtigung oder ohne Beeinträchtigung. STMK: Es gibt eine österreichweite Sozialerhebung aus 2010, die Studierende mit Behinderung erfasst. http://www.bmwf.gv.at/fileadmin/user_upload/wissenschaft/publikationen/studierenden- sozialerhebung_2009/studierende_gesundheitlich__beeintraechtigung_2009.pdf Die Behindertenbeauftragte der UNI Graz gibt an, dass es keine eigenen Statistiken für das Land Steiermark gibt. T: Entsprechende Statistiken sind nicht bekannt.
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BARRIEREFREIHEIT VON ARZTPRAXEN
7. Müssen alle Arztpraxen rechtlich barrierefrei zugänglich sein?
ZUSAMMENFASSUNG DER ERGEBNISSE Bei dieser Frage kommt es zu stark divergierenden Antworten. Knapp die Hälfte der NGOs halten die Arzt- praxen in ihren Bundesländern für barrierefrei, wobei wie in Oberösterreich und Kärnten nur die Neuerrichtung von Arztpraxen barrierefrei ausgeführt sein muss. „Alle Arztpraxen, die bereits bewilligt und gebaut sind, müssen nicht im Sinne der Barrierefreiheit verändert werden. Werden Um- oder Zubauten vorgenommen, so müssen diese barrierefrei gestaltet werden.“, so die Bemerkung der NGO Oberösterreich. Einschränkend wird von einer NGO angemerkt, dass dies nicht kontrolliert wird. Die NGOs aus Tirol und Salzburg sind der Ansicht, dass es rechtliche Bestimmungen gibt, allerdings fehlen dazu Informationen. „Intellektuell beeinträchtigende Personen erhalten oft nicht die für sie adäquate und entsprechende Informationen (= Barriere)“. Die NGOs aus dem Burgenland, aus der Steiermark und aus Vorarlberg gehen davon aus, dass es keine rechtlichen Bestim- mungen gibt oder kennen aus eigener Erfahrung Barrieren.
ZUSATZINFORMATION Barrierefreie Einzelarztpraxen sind in den Bundesländern unterschiedlich zwischen der jeweiligen Ärztekammer und der Gebietskrankenkassen geregelt. Unter. http://www.arztbarrierefrei.at kann man Ärzte in jedem Bun- desland nach bestimmten „barrierefreien Kriterien“ suchen.
Burgenland Kärnten • Alle Arztpraxen sind oder müssen rechtlich nach an- erkannten Standards und innerhalb einer angemesse- Niederösterreich nen Frist (2015) für alle Menschen mit Behinderung barrierefrei zugänglich sein. Oberösterreich • Es gibt die rechtliche Verpflichtung, sie ist aber nicht Salzburg effektiv. Zum Beispiel gibt es lange Übergangsfristen, Steiermark oder die Barrierefreiheit ist nicht anhand anerkannter Standards definiert. Tirol • Es gibt keine rechtliche Verpflichtung, dass Arztpraxen Vorarlberg barrierefrei zugänglich zu machen. Wien
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Die rechtliche Verpflichtung gibt es nur für Neueröffnungen (wird aber nicht kontrolliert). "Alteingesessene" Praxen sind von der Verordnung ausgenommen (Auskunft Ärztekammer). OÖ: Alle Arztpraxen, die bereits bewilligt und gebaut sind, müssen nicht im Sinne der Barrierefreiheit verändert werden. Werden Um- oder Zubauten vorgenommen, so müssen diese barrierefrei gestaltet werden. T: Intellektuell beeinträchtigte Personen erhalten oft nicht die für sie adäquaten und entsprechenden Informationen (= Barriere).
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BESCHÄFTIGUNG IM ÖFFENTLICHEN DIENST
8. Wird die Anzahl von Menschen mit Behinderung, die im öffentlichen Dienst beschäftigt sind, berechnet und publiziert?
ZUSAMMENFASSUNG DER ERGEBNISSE Es ergibt sich ein einheitliches Bild von „Orange“ in Österreich. Kritisch wird von den NGOs in manchen Bun- desländern angemerkt, dass es zu diesem Thema mehrfach interne Statistiken gibt, die aber nicht veröf- fentlicht werden – siehe die Pressemitteilung aus Tirol. Auch laut Auskunft der Statistikabteilung des Landes OÖ „werden diese Zahlen erfasst, aber nicht veröffentlicht. Es können aber jederzeit Auswertungen erfolgen.“ Es scheitert also nur an der regelmäßigen bzw. jährlichen Veröffentlichung von vorhandenen Daten in den einzelnen Bundesländern.
ZUSATZINFORMATION Die beim Bund beschäftigten Menschen mit werden regelmäßig erfasst und veröffentlicht. Der Bund erfüllt auch die Einstellpflicht: http://www.bmask.gv.at/cms/site/attachments/3/2/3/CH0107/CMS1289832560842/sozial- bericht_2010_web_05.pdf http://www.akstmk.at/www-395-IP-12923.html http://www.bizeps.or.at/news.php?nr=12100 http://www.tirol.gv.at/presse/meldungen/meldung/artikel/tiroler-landesverwaltung-uebererfuellt-vorgaben-bei- der-einstellung-von-menschen-mit-behinderungen/?no_cache=1&cHash=1bad3e91c2
Burgenland Kärnten • Die Anzahl wird jährlich in einem Bericht veröffentlicht, Niederösterreich der auch inkludiert wo und mit welchen Tätigkeiten die Menschen mit Behinderung beschäftigt sind, aber gle- Oberösterreich ichzeitig Datenschutz vollständig gewahrt bleibt.
Salzburg • Solch eine Zahl wird erfasst, aber nicht veröffentlicht Steiermark oder sie ist nicht offiziell. Oder wird nur unregelmäßig veröffentlicht und ist 2010 nicht aktuell Tirol • Die Anzahl wird weder erfasst noch veröffentlicht. Vorarlberg Wien
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Wird auf Basis der Ausgleichszahlungen regelmäßig erhoben und kontrolliert. OÖ: Laut Bundessozialamt gibt es keine offizielle Statistik für Oberösterreich. Laut Auskunft der Statistikabteilung des Landes OÖ werden diese Zahlen erfasst, aber nicht veröffentlicht. Es können aber jederzeit Auswertungen erfolgen.
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ZAHL DER BESCHÄFTIGTEN MIT BEHINDERUNG
9. Ist der Anteil von beschäftigten Menschen mit Behinderung im Kalenderjahr 2010 gestiegen?
ZUSAMMENFASSUNG DER ERGEBNISSE Die NGOs aus Salzburg und Vorarlberg geben an, dass der Beschäftigungsanteil von Menschen mit Behin- derung gleichgeblieben ist. In den Bundesländern Kärnten, Oberösterreich, Steiermark und Wien ist der Prozentanteil gesunken bzw. es sind keine Zahlen darüber verfügbar. Hierbei wurden auch unterschiedliche Datenquellen (AMS oder Bundessozialamt) herangezogen. Von drei Bundesländern konnten die NGOs keine Daten erheben.
Burgenland Kärnten
Niederösterreich • Die Anzahl ist gestiegen oder aufgrund von Erreichung der vorgeschriebenen Mindestbeschäftigung von Men- Oberösterreich schen mit Behinderung gleichgeblieben.
Salzburg • Der Prozentanteil ist ungefähr gleich geblieben. Steiermark • Der Prozentanteil ist gesunken, es sind keine Zahlen Tirol darüber verfügbar, oder es gibt keine Verpflichtung. Vorarlberg Wien
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Der Anteil der Menschen mit Behinderungen, die sich auf Arbeitssuche befinden, ist gestiegen (Auskunft Behindertenanwaltschaft). OÖ: Laut Geschäftsberichte 2009/2010 des Bundessozialamtes ist in OÖ die Anzahl der erwerbstätigen begünstigt beeinträchtigen Personen von 14.519 auf 13.977 gesunken. Gleichzeitig ist die Erwerbsquote im Bundesland OÖ laut Statistik Austria von 708.600 auf 710.400 gestiegen. 2009 war demnach der Anteil der begünstigt Beeinträchtigten an der Gesamtbevölkerung 2,05 percent, 2010 1,97 percent. STMK: Laut BASB: 2010 sind die erwerbstätigen begünstigten Behinderten zurückgegangen, und zwar von 11316 2009 auf 10746 2010, während die Anzahl der nicht erwerbstätigen begünstigten Behinderten von 5797 auf 6272 gestiegen ist. Gleichzeitig sank aber interessanterweise auch die Anzahl der beim AMS vorgemerkten begünstigten Behinderten von 1942 um 5,8 percent auf 1828. Laut AMS-Statistik 2010 waren in diesem Kalenderjahr 465.428 Menschen unselbständig beschäftigt. Damit beträgt der Anteil der erwerbstätigen begünstigen Behinderten 2,3 percent gemessen an den gesamten unselbständigen Beschäftigten, wobei bei den Erstgenannten auch die selbständig Erwerbstätigen inkludiert sind. Wenn man aber die Frage inklusive Erläuterung ganz genau liest: Ob die Beschäftigung bei einstellungspflichtigen Dienstgebern zu- oder abgenommen hat, ließe sich nur über die Statistik Austria beantworten!
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UMFASSENDE BARRIEREFREIHEIT BEIM WAHLRECHT
10. Hat ein Mensch mit Behinderung das Recht auf jede notwendige Unterstützung, um sein freies und geheimes Wahlrecht in der Wahl zum Parlament auszuüben?
ZUSAMMENFASSUNG DER ERGEBNISSE Der Großteil der Bundesländer ist “Orange” gefärbt, womit die NGOs signalisieren, dass es nicht jede (oder nicht ausreichende) Unterstützung für die Ausübung eines freien und geheimen Wahlrechtes gibt. Vorarlberg gibt als Antwort, dass „Persönliche Assistenz sicherlich hilfreich wäre“. In Kärnten, Oberösterreich und Steier- mark gibt es ausreichend Hilfe z.B. kann beantragt werden, dass eine Wahlbehörde in die Einrichtung bzw. bei Immobilität in das Eigenheim des Wählers kommt oder in Kärnten werden Schablonen für sehbehinderte Perso- nen zur Verfügung gestellt.
Burgenland • Wahlberechtigte mit Behinderung haben das Recht auf jede notwendige Unterstützung, um an einer geheimen Wahl Kärnten teilzunehmen. Dies beinhaltet eine barrierefreie Wahlkabine sowie Wahlurne und z.B. Wahlscheine in Braille-Schrift. Dies Niederösterreich kann auch bedeuten, dass der Wähler die Möglichkeit hat, Oberösterreich in seiner Einrichtung frei und geheim zu wählen. Salzburg • Der Transport ist nicht kostenlos oder persönliche Assis- tenz ist begrenzt. Oder ein Wahlscheine in Braille-Schrift Steiermark ist nicht vorhanden. Oder ein Wähler ist nicht in der Lage Tirol frei oder geheim in seiner Einrichtung zu wählen. Es gibt kein solches Recht oder es ist durch Ausnahmen Vorarlberg • leicht einzuschränken, indem z.B. ein Arzt das Wahlrecht Wien absprechen kann.
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Es gibt zum Beispiel Schablonen für sehbeeinträchtigte Personen. Die Wahlkommission kommt in besonderen Fällen auch zum Wahlberechtigten nach Hause. OÖ: In OÖ muss jeweils ein Wahllokal in einer Gemeinde barrierefrei (Wahlkabine und Wahlurne) gestaltet sein. Darüber hinaus stehen Unterstützungen für Menschen mit einer Sehbeeinträchtigung zur Verfügung. Weiters kann beantragt werden, dass eine Wahlbehörde in die Einrichtung bzw. bei Immobilität in das Eigenheim des Wählers kommt.
ZERO REPORT 2012_____91 INDIKATOREN – VERGLEICH ÖSTERREICHISCHER BUNDESLÄNDER
STATISTIKEN ÜBER IN EINRICHTUNGEN LEBENDE MENSCHEN
11. Gibt es offizielle, jährlich aktualisierte Statistiken über jene Menschen mit Behinderungen, die in Institutionen leben?
ZUSAMMENFASSUNG DER ERGEBNISSE Der Großteil der Bundesländer bestätigt, dass Daten erhoben werden. Diese Daten decken nur aber aus- gewählte Einrichtungen ab und ergeben kein Gesamtbild, wie in Oberösterreich: „..in der Statistik nicht erfasst: Menschen mit Behinderung, die in Gefängnissen, Seniorenzentren usw. betreut werden (also nicht im Sinne einer im Chancengleichheitgesetz vorgesehenen Leistung.)“ Oder die Daten werden nicht von einer einzigen Stelle veröffentlicht, wie die Aussage aus Kärnten belegt: „…Statistiken werden regelmäßig aktualisiert. Es gibt aber keine regelmäßige (jährliche) öffentliche Publikation, welche einen Gesamtüberblick bietet“. Eine andere Art der Einschränkung. Verfügbare Daten sind nicht "offiziell". Im Burgenland sind der NGO überhaupt keine dieser Daten bekannt.
ZUSATZINFORMATIONEN: Siehe Sozialberichte in den jeweiligen Bundesländern.
• Die gesamte Information wird jährlich offiziell in einer Burgenland einzelnen Publikation veröffentlicht und keine Zahl ist älter Kärnten als ein Jahr. Alle Einrichtungen, in denen Menschen mit Behinderung leben, gehen mit in die Statistik ein. Auswer- Niederösterreich tungen über Altersgruppe, Geschlecht, Anzahl der Oberösterreich Neuzugänge sowie der Abgänge oder Todesfälle werden gemacht. Salzburg • Einige dieser Zahlen werden nicht veröffentlicht oder sind Steiermark älter als ein Jahr, wenn sie veröffentlicht werden. Die Zahlen decken nur ausgewählte Einrichtungen ab. Solche Tirol Zahlen sind vorhanden aber nicht "offiziell". Oder solche Vorarlberg Zahlen werden nicht an einer einzigen Stelle veröf- fentlicht, so dass ihre Erfassung schwierig ist. Wien • Es sind keine offiziellen Statistiken verfügbar.
AUSGEWÄHLTE ERLÄUTERUNGEN KTN: Statistiken werden regelmäßig aktualisiert. Es gibt aber keine regelmäßige (jährliche) öffentliche Publikation, welche einen Gesamtüberblick bietet. OÖ: Grundsätzlich gelten die angeführten Kriterien für "JA", allerdings werden nur Menschen mit Behinderungen, die in Einrichtungen leben, die in erster Linie für die Betreuung und Begleitung von Menschen mit Behinderungen errichtet wurden (Einrichtungen, die Leistungen im Sinne des ChG anbieten), in der Statistik erfasst.
92_____ZERO REPORT 2012 INDIKATOREN – VERGLEICH ÖSTERREICHISCHER BUNDESLÄNDER
STATISTIKEN ÜBER AUSBILDUNG/BESCHÄFTIGUNG
12. Gibt es offizielle Statistiken über Ausbildung und Beschäftigung von Menschen mit Behinderung?
ZUSAMMENFASSUNG DER ERGEBNISSE Die NGOs aus Oberösterreich und Tirol geben an, dass es offizielle Statistiken gibt, die ein klares Bild über die Ausbildung und Beschäftigung von Menschen mit Behinderung ergeben und weisen dabei auf die Sozialberichte hin. Wien und Salzburg halten fest, dass es nur bestimmte Daten gibt, oder diese nicht regelmäßig oder nicht schlüssig sind. Burgenland, Kärnten, Steiermark und Vorarlberg sind keinerlei dieser Statistiken bekannt, zumindest nicht in einer offiziellen Publikation. Die niederösterreichische NGO konnte diese Frage nicht beantworten.
ZUSATZINFORMATIONEN Oberösterreichischer Sozialbericht 2010: http://www.land-oberoesterreich.gv.at/cps/rde/xchg/SID-20CFDF69- 14447054/ooe/hs.xsl/sozialbericht2010_DEU_HTML.htm Bundessozialamt, Geschäftsbericht 2010 http://www.bundessozialamt.gv.at/cms/basb/attachments/5/6/0/CH0013/CMS1277224702007/ basb_gb_2010_screen.pdf
Burgenland Kärnten • In den letzten 10 Jahren wurde mindestens eine of- Niederösterreich fizielle Studie durchgeführt und die veröffentlichten Re- sultete geben ein klares Bild über die Ausbildung und Oberösterreich Beschäftigung von Menschen mit Behinderung.
Salzburg • Nur bestimmte Zahlen sind vorhanden oder die Zahlen Steiermark sind älter als 10 Jahre oder sie lassen sich auf unter- schiedliche Weise interpretieren. Tirol • Es gibt darüber keine offizielle Studie. Vorarlberg Wien
AUSGEWÄHLTE ERLÄUTERUNGEN OÖ: Das Land OÖ hat 2008 und 2010 einen Sozialbericht herausgegeben, der Auskunft über Ausbildung und Beschäftigung von Menschen mit Behinderungen gibt.
ZERO REPORT 2012_____93 INDIKATOREN – VERGLEICH ÖSTERREICHISCHER BUNDESLÄNDER
INSTALLIERUNG VON FOCAL POINTS
13. Falls der Staat die UN-Konvention unterzeichnet hat, wurden „Focal Points” installiert, die die Umsetzung überwachen?
ZUSAMMENFASSUNG DER ERGEBNISSE Wien ist das einzige Bundesland, das bislang eine Monitoringstelle eingerichtet hat und deren Mitglieder ihre Arbeit bereits aufgenommen haben (siehe Zusatzinformation). In der Steiermark gibt es eine provisorische Lösung laut Tätigkeitsberichts der Anwaltschaft: „Das Monitoring im Hinblick auf die UN-Konvention wird derzeit von der An- waltschaft für Menschen mit Behinderung wahrgenommen“. In Oberösterreich nimmt derzeit der Planungsbeirat (lt. Chancengleichheitsgesetz) die Umsetzung der UN-Konvention wahr, so die NGO. Alle anderen Bundesländer haben entweder noch keinen Focal Point eingerichtet oder es wurden keine Angaben von den NGOs gemacht.
ZUSATZINFORMATION Die Mitglieder der Monitoringstelle für das Land Wien sind: vier Vertreter der organisierten Menschen mit Behin- derung, eine Vertreterin einer anerkannten im Bereich der Menschenrechte tätigen gemeinnützigen Nichtregierungsorganisation und ein Experte aus dem Bereich der wissenschaftlichen Lehre. 1)
1) Email vom 5.10.2011, StR Sandra Frauenberger
Burgenland
Kärnten • Es gibt "Focal Points" und die Zivilbevölkerung (ins- Niederösterreich besondere Menschen mit Behinderung und deren repräsentative Organisationen) ist voll in den Oberösterreich Überwachungsprozess involviert. Salzburg • Es gibt "Focal Points", aber die Zivilgesellschaft nimmt nicht "vollständig" am Überwachungsprozess der Im- Steiermark plementierung durch den Staat teil.
Tirol • "Focal Points" wurden noch nicht eingerichtet (Oder Vorarlberg das Land hat die Konvention nicht unterschrieben) Wien
AUSGEWÄHLTE ERLÄUTERUNGEN OÖ: In Oberösterreich nimmt derzeit der Planungsbeirat (lt. Chancengleichheitsgesetz) die Umsetzung der UN-Konvention wahr. Es soll ein eigener Monitoringausschuss in OÖ eingerichtet werden. STMK: Ja, aber: Die Anwaltschaft für Menschen mit Behinderungen in der Steiermark (Hr. Mag. Suppan) übernimmt diese Funktion aus „eigenem Antrieb“. (siehe Seite 8 des Tätigkeitsberichts der Anwaltschaft: „Das Monitoring im Hinblick auf die UN-Konvention wird derzeit provisorisch von der Anwaltschaft für Menschen mit Behinderung wahrgenommen“. )
94_____ZERO REPORT 2012 INDIKATOREN – VERGLEICH ÖSTERREICHISCHER BUNDESLÄNDER
ZERO REPORT 2012_____95 Awarness Raising/Policy Implementation Promoting Access and Inclusion (in Five Countries) Raising Awareness about the UN CRPD (Slovakia) How to Implement UN Standards (Sweden) Assistance Support for Families (Austria) Professional Sexual Facilitation (Austria) Personal Assistance Cooperative (Austria) Interdisciplinary Commission (Chile) Baby Simulator (Germany) Right to Live in Society (Sweden) Coaching/Education/Training Peer Counseling and Education (Austria) Youth Advocacy of the UN CRPD (in 21 countries) Jobs/Job Creation Inclusive Job Platform (Austria) Jobs for Persons with Psychosocial Disabilities (Hong Kong) Equal Employment Opportunities (Denmark) Blind Women Detect Breast Cancer (Germany) Dialogue Social Enterprise (Germany) Supporting Persons Finding Employment (Singapore) Hardware/Software/Technical Support Accessible Electronic Texts (Denmark) Live Transcription (Germany) Accessibility Information for Wheelchair Users (Germany) Guaranteed Access to Facilities (Switzerland) Media/TV Accessibility Sign Language on TV news (Chile) Sign Language – Web TV (Slovenia) Internet Accessibility (The Netherlands) Data/Statistics Global Disability Database Project (Africa and Asia) International Cooperation Development Reference Group (Australia) Monitoring the Implementation of the UN CRPD (Burkina Faso) GOOD PRACTICE EXAMPLES
GOOD PRACTICE EXAMPLES GOOD PRACTICE EXAMPLES – AWARENESS RAISING/POLICY IMPLEMENTATION
Promoting Access and Inclusion Organisation: Women's Refugee Commission
Country: five countries A toolkit for practitioners for promoting access to, and inclusion in, refugee programmes and for developing guidance for political implementation. Relevant articles of the UN CRPD: Art. 11 Situations of risk and humanitarian emergencies, Art. 17 Protecting the integrity of the person, Art. 28 Adequate standard of living and social protection
The Women's Refugee Commission (WRC) conducted Expansion to other contexts/countries an assessment on refugees with disabilities that re- UNHCR offices around the world are now mandated to sulted in the first comprehensive report and toolkit for implement the adopted UNHCR Executive Committee practitioners on promoting access and inclusion in all Conclusion. This will take time, but will eventually im- programmes. The WRC used report findings to pro- prove the protection of, and opportunities for, refugees mote a UN High Commissioner for Refugees' Conclu- with disabilities everywhere. sion on Refugees with Disabilities. The WRC built a coalition of NGOs, advocated with Member States, and Why this is an example of Good Practice drafted the Conclusion language which was adopted by Refugees with disabilities have long been ignored. Hu- the UNHCR's governing body in 2010. The WRC is manitarian agencies providing shelter, water, educa- working with the UNHCR on a strategy to roll out their tion, health and livelihoods, do not have specific poli- global guidance for implementation of the Conclusion cies or practices on how to include refugees with including piloting the guidance in four refugee settings disabilities in their programmes. Specialised disability and one internal displacement context to demonstrate agencies often do not play a convening role to help and advocate for improvement in practices globally. non-disability experts apply a disability lens to their work. This project focused on: researching the extent Key figures/scope of the issue; developing practical guidance to assist An estimated 4 million refugees and internally dis- field-based practitioners around the world; addressing placed persons under the care of UNHCR have disabili- the policy gap; and, working on guidance development ties and will eventually benefit from improvements in for policy implementation and piloting of the guidance policy and practice. in order to inform global advocacy efforts.
Implementation in the following countries Piloting will take place in India, Kenya, the Philippines, Thailand and Uganda. The UNHCR's 100 country of- fices around the world are now mandated to imple- ment the Executive Committee Conclusion. The train- ings will pilot how this can be done.
98_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”It isn’t about doing more, it’s about doing differently, it’s about changing the way we work.”
Dale Buscher, Senior Director for Programmes
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.unhcr.org/cgi-bin/texis/vtx/home/open- docPDFViewer.html?docid=4cee2b979&query=EXCOM%20 http://www.womensrefugeecommission.org/programmes/ Conclusion%20ON%20DISABILITIES disabilities
Contact details Women’s Refugee Commission 122 East 42nd Street, 11th floor, New York, NY 10168, USA Phone: +1 212 551-3129 Email: [email protected]
ZERO REPORT 2012_____99 GOOD PRACTICE EXAMPLES – AWARENESS RAISING/POLICY IMPLEMENTATION
Raising Awareness about the UN CRPD Organisation: Association for Help to People with Mental Handicap in the Slovak Republic
Slovakia The organisation offered capacity building seminars about the UN CRPD and together with other experts, drafted a guardianship reform proposal. Relevant articles of the UN CRPD: Art. 8 Awareness-raising, Art. 12 Equal recognition before the law
Activities: Pursuing the aim of introducing the UN Why this is an example of Good Practice CRPD, the association recently organised two types of Our project helped fight discrimination against persons capacity-building seminars, one for persons with intel- with mental disabilities and facilitated effective and lectual disabilities, the second for parents, guardians proper implementation of the UN CRPD. and experts. Importantly, the association coordinated This example of Good Practice helps both to remove a group of experts, who prepared analyses of Slovak discrimination from the lives of persons with intellec- guardianship law and drafted the guardianship reform tual disabilities and implement the UN Convention on proposal. Experts from different NGOs and Ministry of the Rights of persons with disabilities on three levels: Justice and Ministry of Social Affairs commented upon the proposal and actively participated during the 1) we lectured persons with intellectual disabilities process. about the UN CRPD, their rights and the possibilities of using the Convention as a legal tool to improve their Key figures/scope quality of life; Seventeen seminars across the Slovak Republic for parents, guardians and experts (number of partici- 2) we trained parents, guardians and experts and ex- pants: 380), 148 seminars for persons with intellectual plained to them the concept of supported decision- disabilities in Bratislava (number of participants: 39), making in the context of overall support for persons two national seminars for various stakeholders, two le- with intellectual disabilities; and, gal analyses, four roundtables of the Coalition for Change and a draft of the guardianship reform 3) we drafted the guardianship reform proposal in line with Article 12 of the CRPD. Our project also brought Implementation in the following countries together the public sector and NGOs, which will help to Slovakia effect positive changes faster.
Expansion to other contexts/countries This example of Good Practice was established by the Association for Help to People with Mental Handicap in the Slovak Republic.
100_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”We need to change ourselves, our views, attitudes and prejudices, we must spread new ideas not only amongst parents, but also judges, doc- tors, psychiatrists, teachers, social workers and the wider public.”
Dr Iveta Mišová, Director
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.zpmpvsr.sk/index.php?option=com_ content&task=view&id=178&Itemid=272 http://www.zpmpvsr.sk
Contact details Association for Help to People with Mental Handicap in the Slovak Republic /ZPMP v SR/ Heydukova 25, 811 08 Bratislava, Slovakia Phone: +421 2 6381 4968 Email: [email protected]
ZERO REPORT 2012_____101 GOOD PRACTICE EXAMPLES – AWARENESS RAISING/POLICY IMPLEMENTATION
How to Implement UN Standards Organisation: The Swedish Disability Federation
Sweden and other European countries
A model for how to plan the implementation of local/regional disability policy plans in accordance with the UN Standard Rules/UN Convention. Relevant articles of the UN CRPD: Art. 33 National implementation and monitoring
Agenda 22 is a Swedish method for implementation of Key figures/scope the UN Standard Rules by drawing up disability policy Agenda 22 was created in 1996. It has been put into plans. The method is built on a few main elements practice in many Swedish municipalities. In 2001, the such as: close co-operation with disabled persons or- model was presented at a European level and, since ganisations, concrete objectives and concrete descrip- then, it has been presented and put into practice in tions of measures, stating what is to be done, when, many European countries. the agency responsible, financing, and procedures for The Agenda 50 strategy is new and will be presented evaluation and revision of the policy plan. in Sweden during 2011. Agenda 50 is a Swedish strategy for implementation of the UN CRPD by drawing up action plans in close co- Implementation in the following countries operation with disabled persons organisations. The Sweden and many other European countries strategy is presented in material entitled “From Rights to Action”. The strategy consists of the following parts: Expansion to other contexts/countries “Agenda 22 – disability policy planning instructions for Main documents local authorities” has been translated into about 20 • How the management of a municipality or county languages and has been presented at seminars and can work projects in many European countries and at a Middle • How each department of a municipality/county can East disability capacity building course. work • How governmental authorities can work for Why this is an example of Good Practice implementation of the Convention The Agenda 22 model has provided a practical model • How local associations for persons with disabilitie for how to use and implement the UN standard rules. can prepare for cooperation with a local authority The model has highlighted: • The importance of structured planning in disability Documents – tools with additional facts policy plans as a way of implementing the Standard • The responsibilities of the municipalities article Rules and human rights by article • That such plans shall be based on and follow the • The responsibilities of the counties article by article Standard Rules • The gender perspective • The importance of equal partnership in the co-opera- • The rights of children with disabilities tion between disabled persons organisations and lo- • The differences between the UN Standard rules cal authorities and the Convention • The importance of objectives based on the Standard • Different kinds of action plans Rules and concrete descriptions of measures
102_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Agenda 22 presented a model for how to implement the UN Standard Rules and the necessity of close co-operation between authorities and disabled persons organisations.”
Maryanne Rönnersten, Former Project Manager of Agenda 22 and Agenda 50
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading [email protected]
Contact details Handikappförbunden Sturegatan 4. Box 1386, 172 27 Sundbyberg, Sweden Phone: +46 8 546 404 20, TTY: +46 8 546 404 50, Fax: +46 8 546 404 44 Email: [email protected]
ZERO REPORT 2012_____103 GOOD PRACTICE EXAMPLES – ASSISTANCE
Support for Families Organisation: Familienhilfe Caritas der Erzdiözese Wien
Austria Personal support for families with disabled children in which a family assistant regularly comes to the family to provide them an opportunity to have a little “time off”. Relevant articles of the un CRPD: Art. 26 Habilitation and rehabilitation
The family support organisation “KIB” in Vienna is Implementation in the following countries aimed at parents of children and adolescents with Austria (Vienna) physical, sensory, mental and multiple disabilities who require special medical care. The caregivers are given Expansion to other contexts/countries the opportunity to take time off temporarily from their No stressful situation. In order to ensure this, the Caritas Vienna employee cares for the child and adolescent Why this is an example of Good Practice within the environment familiar to them, thus encour- Previously there was no family support for parents of aging a positive process of separation from the family. children with special needs (families with children who Through their regular presence in the families, family have major disabilities) in a state-subsidised form. assistants ensure regularly scheduled times off for Caregivers are frequently overburdened because of the family members. The aims of assistance are: support lack of childcare places and the lack of flexibility in ad- and relief for primary caregivers, qualified, reliable and dressing the individual requirements of the children family-affiliated support for children and adolescents, and adolescents. Children are removed from their fam- instrumental and emotional support for children and ilies and placed in out-of-home care. In order to pre- adolescents, prevention of impairment to the family vent this, family assistance and its range of services system resulting from overburdening, and assurance provide both timely support and relief for the families of the opportunity to live in the family environment concerned. over the longer term.
Key figures/scope KIB family support was established at the beginning of 2010. During last year, 71 families were given support. A total of 7,645 hours were provided. At present, there are 17 family assistants in “classic family assistance” and KIB. Classic family assistance accounts for 50 per- cent of the hours, and KIB family assistance for the other 50 percent.
104_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Every change starts with a beginning.”
Ingrid Schnötzinger, Director of Family Assistance
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.caritas-wien.at/hilfe-einrichtungen/familie- und-kinder/familienhilfe/familienhilfe-kib/
Contact details Familienhilfe Caritas der Erzdiözese Wien Siebenbrunnengasse 44/2nd floor, 1050 Vienna, Austria Phone: +43 (0)1 544 37 51, Email: [email protected]
ZERO REPORT 2012_____105 GOOD PRACTICE EXAMPLES – ASSISTANCE
Professional Sexual Facilitation Organisation: Libida-Sexualbegleitung
Austria A service to address sexual facilitation for persons with disabilities. The sexual facilitators have to comply with special quality and training requirements. Relevant articles of the UN CRPD: Art. 5 Equality and non-discrimination, Art. 22 Respect for privacy
LIBIDA-SEXUALBEGLEITUNG is a service which allows Key figures/scope clients (persons with or without disabilities), with the Since LIBIDA-SEXUALBEGLEITUNG started in May support of professional sexual facilitation, to deal with 2009 demand has been significant: their bodies in a joyful and sensitive way. • 2009: 181 sexual facilitations These facilitators have special training and are obliged • 2010: 585 sexual facilitations to comply with special quality requirements. The • 2011: probably over 600 meetings between sexual service offered lasts for a set length of time and facilitators and persons with disabilities costs EUR 70-100 (exclusive of room and • Over 140 persons have tried this support service. transport fees). 12 percent are female clients. Sexual facilitation is a sexual service for women and • There are six female and one male Libida facilitators. men of legal age. Professional training, supervision In 2011 this number will expand by six to eight and continuing education as well as standardised sexual more facilitators. practices and health standards assure the quality of the service. The equality of all human beings is the The centre offers six “Libida Erotic Workshops” per foundation of this service. Sexual facilitators offer year, on Friday nights, for prospective clients to get to support for manifold experiences of sexuality. They know more about LIBIDA and their own sexuality. are women and men who use their bodies and minds to establish a dialogue with their clients and to create Implementation in the following countries sensual, erotic and sexual experiences. The wishes of LIBIDA-SEXUALBEGLEITUNG is offered in Austria. It is the client are paramount in these activities. a project financed by the federal government of Styria. Sexual facilitators respect their clients’ abilities for self-determination and act only upon the wishes of Expansion to other contexts/countries the client. They reject any form of violence. By touch- Since its establishment, the service has been in a net- ing, and letting themselves be touched, by caressing, work with projects in Switzerland and Germany. New experience of the naked body, with massages and as- initiatives from Austria and Germany occasionally con- sistance for masturbation they provide support for tact the service. physical well-being and relaxation. These practices are designed to promote the self-respect of the client Why this is an example of Good Practice as well as of the sexual facilitator. Every sexual facili- This service actually addresses an issue that has long tator determines and describes the services he or she been, and, for many, still is, taboo. And for some it re- offers in a personal profile. For legal reasons, there is mains highly controversial. However, based on 1,400 neither intercourse nor oral contact. hours of counselling over 14 years and the 3 years the project “LIBIDA – more lust in life” has run so far, to- gether with women and men with disabilities, parents, caregivers and legal professionals, LIBIDA-SEXUALBE- GLEITUNG is finally able to start offering important help in this vital area of life.
106_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Sexuality is a life force which needs to be expressed. Sexual facilitation is one way to discover positive expression and gain self-confidence.”
Dr Doris Krottmayer, Project Leader
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.libida-sexualbegleitung.at http://www.alphanova.at/index.php?id=94
Contact details Fachstelle hautnah. für Sexualität, Beziehung, Behinderung im Beratungszentrum Kalsdorf Römerstrasse 92, 8401 Kalsdorf, Austria Phone: +43 (0)3135 56382-27 Email: [email protected]
ZERO REPORT 2012_____107 GOOD PRACTICE EXAMPLES – ASSISTANCE
Personal Assistance Cooperative Organisation: WAG Assistenzgenossenschaft (a registered not-for-profit cooperative)
Austria Cooperatively organised personal assistance for persons with disabilities, who can decide for themselves how much help they need to achieve an independent lifestyle. Relevant articles of the UN CRPD: Art. 19 Living independently and being included in the community
Personal Assistance (PA) enables persons in need of Expansion to other contexts/countries assistance to live their lives as they want to. As the Cooperatively organised PA based on the principles of “experts” in their own private and professional affairs, the self-determination movement was first imple- disabled persons decide for themselves decide who, mented in Sweden, where a law securing assistance, when, where and in what way such assistance is given. and guaranteeing disabled persons a statutory right to At the entrepreneurial level, the organisational model PA has been on the books since the 1990s. of a cooperative ensures that persons with disabilities organise their lives together, and cooperatively, in ac- Why this is an example of Good Practice cordance with the principles of the Independent Living Cooperatively organised PA facilitates access to this in- Movement. Only persons with disabilities are employed novative model of support for persons with disabilities, in management of the cooperative and as consulting because they can, for example, delegate accounting, (peer counselling) staff. or organisational matters like duty or stand-in rosters and the further education of clients and assistants etc. Key figures/scope Since the cooperative is based on solidarity, it is possi- In Scandinavia there are a number of cooperatives ble to offer all clients customised services, for exam- that support a total of several thousand persons in or- ple, specific workshops that are especially designed for ganising their PA. In Austria 250 persons organise the clients and their assistants. The basic conditions, their PA in this manner. however, remain the same for everyone. At the same time, as members of the cooperative they Implementation in the following countries contribute actively to the organisation and take part in Coming from Scandinavia, cooperatively organised as- designing the PA service. sistance also exists both in some German cities and in Vienna. In Austria, 250 disabled persons use this form of PA.
108_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Because of my disability, the whole time I should have been at school I was living in an institution. My personal experience is: ‘Institutions are never a solution!’”
Roswitha Schachinger, CEO WAG
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.wag.or.at
Contact details Roswitha Schachinger, CEO WAG, Jasna Puskaric, Assistant to the CEO WAG-Assistenzgenossenschaft gemeinnützige e.Gen Modecenterstraße 14 A1/2, 1030 Vienna, Austria Email: [email protected] or [email protected]
ZERO REPORT 2012_____109 GOOD PRACTICE EXAMPLES – ASSISTANCE
Interdisciplinary Commission Organisation: Comisión Nacional de Protección de las Personas con Enfermedad Mental de Chile
Chile National Commission to protect the rights of persons with mental disabilities, monitor human rights abuses and offer help. Relevant articles of the UN CRPD: Art. 15 Freedom from torture or cruel, inhuman or degrading treatment of punishment, Art. 16 Freedom from exploitation, violence and abuse, Art. 33 National implementation and monitoring
This interdisciplinary and intersectoral Commission in Implementation in the following countries Chile, in which civil society actively participates, is re- In all regions of Chile, including rural areas. sponsible for reviewing and commenting on situations of involuntary admission, and analysing and acting Expansion to other contexts/countries preventively against involuntary treatment, psy- None so far. chosurgery, sterilisation and other irreversible surgery. It undertakes its supervision in different circumstances Why this is an example of Good Practice in which the rights of persons with mental disabilities The Convention on the Rights of Persons with Disabili- may be affected. In addition, it investigates complaints ties establishes the social model, with full observance and accusations, and conducts outreach and training of the principles of dignity, autonomy, freedom and in- sessions on the rights of persons with mental disabili- dependence. The demonstration of will and personal ties. The Commission, which has been established on a integrity are essential. The Commission addresses and permanent basis since 2001, records and publishes its safeguards the rights of persons with mental disabili- activities. ties, who are often alone and unprotected. The Com- mission has sufficient capacity to respond to the diver- Key figures/scope sity of situations it faces. The future challenge is to • Direct complaints: 50 per annum, making a total of secure legal recognition. Civil society, in particular per- 500 submissions, from 2001 to date sons with mental disabilities, their families and their • Cases via email: 350, from 2001 to date organisations, recognises the need for the commission. • Telephone inquiries: 400 (2001 to date), which have The Commission’s greatest efforts are directed towards served to guide persons with mental disabilities and the protection of the human rights of persons with families in managing care on site, or in making for- mental disabilities: dignity, autonomy, integrity, mal presentations to the agencies with which they personal liberty, privacy, etc. are dealing • Supervisory visits, public and private, to review situ- ations in hospital: Average 10-11 per annum, to- talling approximately 100 visits (2001 to date) • The Commission has established and visited sepa- rate commissions for the protection of rights of per- sons with mental disabilities in 13 regions of the country
110_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”The creation of the Commission, at the Ministry of Health, has been a productive initiative to promote the paradigm shift in psychiatric care towards community care and human rights observance.”
María Angélica Monreal, Current Member and Former President (through January 2010) of the Commission
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.redsalud.gov.cl/portal/url/page/minsalcl/g_pro- http://www.minsal.cl/portal/url/page/minsalcl/g_nuevo_ teccion/g_salud_mental/saludinmigrantespresentacion.html home/nuevo_home.html
Contact details Comisión Nacional de Protección de las Personas con Enfermedad Mental de Chile Email: [email protected]
ZERO REPORT 2012_____111 GOOD PRACTICE EXAMPLES – ASSISTANCE
Baby Simulator Organisation: AWO-Pregnancy Helpdesk
Germany Decision-making support for disabled persons: they receive a “baby doll” with the task of “taking care” of it. Doing so can help them with the decision to go forward and have a child, or not. Relevant articles of the UN CRPD: Art. 19 Living independently and being included in the community, Art. 23 Respect for home and the family
“Baby simulators” are a means of providing decision in our district as well as in parts of our state, support for disabled persons who desire a baby. Before Thuringia. One year ago, a worker in a workshop for starting a family, several discussions take place be- the disabled asked for assistance when a young tween the potential parents and Gabriele Böttcher woman expressed the desire for a baby. That is how (AWO - Pregnancy Helpdesk). Afterwards the Baby we got the idea of spreading the concept further and simulator is provided to help find out if they can deal of presenting it to and working with workshops and with taking care of an infant. This helps the persons in dorms for disabled persons, their caretakers and gy- question both understand and gauge if they are ready naecologists. to bear the responsibility of having a baby. It is very important for disabled persons to make that decision for themselves in order for it to be acceptable to them. Why this is an example of Good Practice With the baby simulator, disabled persons can be Key figures/scope helped to decide for themselves, which is very impor- As project leader, Mrs Böttcher has undertaken 11 ses- tant in accepting the decision as to whether to have a sions with young persons from a sheltered workshop baby or not. The project motivates participants to deal and a support centre. From five to nine young persons with the responsibility of having a family. The main fo- attend each session. cuses of the project are the many topics dealing with Ms Böttcher meets a pair from the sheltered workshop being a parent. It is the goal of our project to enable for a period of five months, once a week, to work with young persons with disabilities, who very often have to them on their wish for a baby. deal with limitations to their possible actions, to man- The age of the participants ranges from age their everyday lives, with or without a partner and 14 to 40 years. a baby, and to live their lives as they wish.
Implementation in the following countries Germany
Expansion to other contexts/countries Realityworks (formerly “Baby Think It Over, Inc”) was founded in the USA and its concepts have been applied in Germany since 2000. We only knew about projects including the baby simulators and teenagers in order to help prevent minors from getting pregnant. Because many sessions for school classes take place at the AWO - Pregnancy Helpdesk, we bought two baby sim- ulators. Having attracted considerable attention and received very good feedback, more and more people have learned about the project, thus it is now known
112_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Our participants can experience realistically being a parent, realistically all the tasks and responsibilities it entails.”
Gabriele Böttcher, Project Leader of AWO – Pregnancy Helpdesk
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://badlangensalza.otz.de/web/badlangensalza/start- seite/detail/-/specific/Babysimulatoren-dienen-Menschen-mit- Behinderung-als-Entscheidungshilfe-1499890573 (German)
Contact details AWO Schwangerschaftsberatungsstelle Bahnhofstraße 11, 99947 Bad Langensalza, Germany Phone: +49 (0)3603 844567 Fax: +49 (0)3603 891589
ZERO REPORT 2012_____113 GOOD PRACTICE EXAMPLES – ASSISTANCE
Right to Live in Society Organisation: JAG (member of the European Network of Independent Living, ENIL)
Sweden The provision of necessary assistance to enable persons with intellectual disabilities to live independently in society. Relevant articles of the UN CRPD: Art. 19 Living independently and being included in the community, Art. 29 Participation in political and public life, Art. 30 Participation in cultural life, recreation, leisure and sport
Personal assistance for persons with intellectual im- Implementation in the following country pairment: through the JAG model of a service guaran- Sweden, Finland and Norway. tor, persons with multiple disabilities and intellectual impairments live in their own homes and take part in Expansion to other contexts/countries the activities that they choose. It is spreading to other countries. JAG associations JAG is a national, non-profit association that works have started in both Norway and Finland. In particular, with issues related to personal assistance and disabili- since becoming a member of ENIL four years ago, ties. JAG is also a non-profit cooperative of users of knowledge about the “JAG model” has spread world- personal assistance. Ideologically, JAG belongs to the wide. The association gets more and more requests Independent Living Movement and is a proud member from organisations that want to come on “field trips”. of ENIL, the European Network on Independent Living. Amongst JAG’s members are persons with congenital Why this is an example of Good Practice intellectual disabilities, as well as persons who have As a group, persons with intellectual impairments con- had a head injury caused by an accident or by illness stitute a large proportion of those living in institutions later in life. With few exceptions, the members also today. Through this service, such persons not only do have extensive physical disabilities. Most of JAG’s not have to live in larger institutions, or even in members have no speech, but express themselves in smaller ones, but can also live lives choosing the activ- their own very personal ways. The nature of members’ ities that make them happy and well established. This disabilities presents a challenge in achieving user-con- reduces tendencies to outbursts and difficult behav- trol of personal assistance. JAG has undertaken the iour, and leads both to happier lives and access to the difficult, but not at all impossible, task of providing human right of full participation. user-controlled personal assistance to members.
Key figures/scope More than 410 members of JAG, both children and adults, live in the community in their own flats or with their families. They do not have to live in group homes or other institutions.
114_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”The JAG model for personal assistance with a ‘service guarantor’ allows self-determination in personal assistance.”
Cecilia Blanck, Legal Representative of Magnus Andén, Chairman of the Board in the JAG Association
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.jag.se
Contact details Föreningen JAG – JAG Association Box 16145, 103 23 Stockholm, Sweden Phone: +46 8 789 30 00, Fax: +46 8 20 20 85 Email: [email protected]
ZERO REPORT 2012_____115 GOOD PRACTICE EXAMPLES – COACHING/EDUCATION
Peer-Counseling and Education Organisation: Empowerment Center of the Initiative for Independent Living
Austria Special training for disabled persons to become peer coaches for other persons with disabilities in order to enable and empower them to lead self-determined lives. Relevant articles of the UN CRPD: Art. 27 Work and employment
“Peer-counseling” education is an important tool for Key figures/scope the empowerment of persons with disabilities. Well- Peer training for persons with experience in psychiatry trained peer counselors support other affected persons was attended by 16 persons, training for persons with in independently finding solutions for a self-deter- physical disabilities by 18 persons, and training for dis- mined life. Since the counselors are persons with dis- abled persons who need simple language will be at- abilities themselves, it is easier for them to create an tended by 12 persons. open and empathic atmosphere. Peer-counseling was first implemented in the 1960s by the Independent Implementation in the following countries Living Movement in the USA. The Initiative for Inde- Austria (Province: Upper Austria, City: Linz) pendent Living in Upper Austria (Selbstbestimmt Leben-Initiative - SLIOÖ) has adopted the idea and of- Expansion to other contexts/countries fers peer-counseling at its Empowerment Center In . Upper Austria is the only province where such peer- In 2008, Wolfgang Glaser developed a special training counseling training is recognised by law as legitimate concept to enable peer counselors both to be suffi- professional training. ciently skilled and to offer professional mentoring. The education for peer counselors includes 240 units of Why this is an example of Good Practice theory and 80 units of practice in a social organisation. The Peer-counseling training for persons with disabili- Moreover, the participants in the training have to pass ties is an outstanding Good Practice Example because 10 units of self-experience and 10 units of supervision. persons with disabilities are not considered persons Because of the comprehensive nature of the training with deficiencies, rather persons with special experi- concept, in 2009 peer-counseling was legally recog- ences that can be very helpful for other disabled per- nised as a profession under the Upper Austrian law for sons. The comprehensive training guarantees highly- social professions. Since then, peer-training training qualified counseling and because of that, in the for persons with experience in psychiatry and peer- context of both equal opportunities and equal treat- training training for persons with physical disabilities ment, peer-counseling is legally recognised as a real have been established quite successfully in the Em- profession. Most importantly, with peer-counseling it is powerment Center. Peer-counseling training for per- persons with disabilities who play the vital role as ex- sons with mental disabilities was started in June 2011. perts in the processes of planning and implementation The organisation “FAB Organos” undertakes this spe- and serve as an ideal and innovative model. Without a cial training. Some of the most skilled trainers are dis- doubt, peer-counseling is a fundamental contribution abled persons themselves, because their competence to the implementation of the right to self-determina- as directly affected persons is given top priority. In the tion of disabled persons. area of persons with psychiatric experience, Mrs Tiefenbacher has developed the concept of "pedagogi- cal impulse” and monitoring for mentally ill persons – focusing especially on personality and personality strengthening factors.
116_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Peer-counseling is the most important tool of empowerment to enable persons with disabilities to live self-determined lives and to improve their own living conditions.”
Wolfgang Glaser, Manager of the Empowerment Center of the Initiative for Independent Living in Upper Austria
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.sli-emc.at http://www.bizeps.or.at/news.php?nr=12148 http://www.sli-ooe.at/index.php?q=node/44 http://www.gleichgestellt.at/index.php?id=5976
Contact details Empowerment-Center der SLI OÖ Bethlehemstraße 3, 4020 Linz, Austria Phone: +43 (0)732/890046 Email: [email protected]
ZERO REPORT 2012_____117 GOOD PRACTICE EXAMPLES – COACHING/EDUCATION
Youth Advocacy of the UN CRPD Organisation: Leonard Cheshire Disability
21 Countries ‘Young Voices’ is a campaigning programme for young persons with disabilities which gives them skills to enable them to use the Convention to raise awareness of disability issues in their country.
Relevant articles of the UN CRPD: Art. 8 Awareness-raising, Art. 24 Education
In this programme, Leonard Cheshire Disability works Expansion to other contexts/countries with groups of young persons with disabilities, provid- Young Voices has its roots in the ad hoc committees ing them with training in advocacy and campaigning which drafted the CRPD. Leonard Cheshire Disability skills, media skills and team building. They conduct noted that young persons from the Global South were campaigns aimed at community and government alike. largely absent from these negotiations. Groups were They push for ratification of the UN CRPD where this formed in six countries and Young Voices was born, applies. Where ratification has already happened they sending representatives to lobby the ad hoc committee turn their attention to implementation. They get their in 2005. Since then Young Voices has grown and it is message across through films, music and street the- now present in 20 countries. atre – whatever works. They have been widely cred- ited with being influential in countries ratifying the UN Why this is an example of Good Practice CRPD (for example, Sierra Leone and Liberia) and in Too often, international treaties and conventions bringing about new laws (for example, Sri Lanka, the gather dust on the shelf, even though they contain po- Philippines). tentially life-changing laws and principles. Often those whom they are intended to help are completely un- Key figures/scope aware of their existence or how they might apply The Young Voices project includes 37 groups of young within their countries. Ultimately, it is only ever persons with disabilities (aged 16–25) in 20 countries. through persons taking ownership of these conven- 670–700 young persons with disabilities are currently tions that they can truly bring about policy change. involved. Over 2,000 young persons with disabilities This programme gives young persons with disabilities have been involved since its inception in 2005. Young the skills they need to enable them to use the Conven- Voices' advocacy films have had over 50,000 hits on tion to raise awareness of disability issues in their YouTube, and two music albums of campaigning songs country – taking the Convention off the dusty book- have been produced. shelves and into national laws and discourse.
Implementation in the following countries Botswana, China, Guyana, India, Kenya, Liberia, Malaysia, Mauritius, Namibia, Papua New Guinea, the Philippines, Sierra Leone, South Africa, South Sudan, Sri Lanka, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe (Indonesia and Canada are expected to be added in 2011).
118_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”There is a saying that young persons are tomorrow’s leaders. I would like to say that we are the leaders of today. It’s our responsibility to be mentors today for the leaders of tomorrow.”
Ishan Jalill, President, Young Voices Sri Lanka
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.LCDisability.org/youngvoices www.youtube.com/youngvoiceslcd
Contact details Mr Gopal Mitra, International Policy and Campaigns Manager Leonard Cheshire Disability, 66 South Lambeth Road, London SW8 1RL, England Phone: +44 (0)20 3242 0200, Fax: +44 (0)20 3242 0250 Email: [email protected]
ZERO REPORT 2012_____119 GOOD PRACTICE EXAMPLES – JOBS/JOB CREATION
Inclusive Job Platform Organisation: Career Moves
Austria An internet job platform that provides inclusive job offers to persons with and without disabilities. The platform informs and raises awareness. Relevant articles of the UN CRPD: Art. 21 Freedom of expression and opinion, and access to information, Art 27 Work and employment
Career Moves is the first inclusive employment ex- Why this is an example of Good Practice change platform worldwide offering inclusive services Unemployment brings with it poverty and social depri- for persons with and without disabilities. Companies vation. Persons with disabilities are four times more mark the jobs they offer with four different symbols likely to suffer from unemployment. Apart from the indicating their preparedness to employ persons with personal costs, it means enormously high household disabilities. Career Moves informs and raises aware- expenses. Career Moves is extremely simple, and due ness. Within the first year, more than 600 jobs could to cooperation with mainstream platforms, extremely be offered to persons with disabilities. affordable. With only little effort, a great number of job offers can be made available. Beyond that, Career Key figures/scope Moves is (in contrast to almost every other labour There have already been more than 600 job offers market project for disabled persons) absolutely inclu- with Career Moves symbols. It is a large network in sive. the economy and, with its integrative special service, it is helping to close the ‘inclusion’ gap. International expansion is being planned.
Implementation in the following country Austria
Expansion to other contexts/countries International expansion is in the process of being planned.
120_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”We focus on abilities, not on disabilities.”
Gregor Demblin, Founder of Career Moves
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.careermoves.at
Contact details Career Moves Universitätsstraße 4/5, 1090 Vienna, Austria Phone: +43 (0)1 9610748-23 Email: [email protected]
ZERO REPORT 2012_____121 GOOD PRACTICE EXAMPLES – JOBS/JOB CREATION
Jobs for Persons with Psychosocial Disabilities Organisation: New Life Psychiatric Rehabilitation Association
Hong Kong An initiative on open employment opportunities and social enterprises for persons with psychosocial disabilities. Relevant articles of the UN CRPD: Art. 27 Work and employment
New Life Psychiatric Rehabilitation Association (NLPRA) When work skills have been enhanced, service users is one of the largest NGOs in Hong Kong, providing a are “placed” in the open market. Our placement offi- comprehensive range of community-based rehabilita- cers provide both job interview and soft skills training tion services for persons with psychiatric disabilities. to enhance work-related manners and skills. Work- The association currently operates 33 service units and place visits are also arranged for persons with psychi- 20 social enterprises in Hong Kong, and serves more atric disabilities to facilitate their better adjustment. than 12,000 service users every year, catering for their The model was proven to be effective in terms of both residential, vocational and social needs. the better adjustment of persons with psychiatric dis- The initiative to assist persons with psychiatric disabili- abilities and the better employment opportunities open ties to open employment was started in 1994 through to them. For example, Disneyland HK employed six of the setting up of a “supported employment” service. our service users in January 2011. Experience informed us that, though persons with psy- chiatric disabilities were equipped with different sorts Key figures/scope of vocational skills, the reason why they could not sus- The association currently runs diversified self-financed tain jobs in open employment was the adjustment dif- vocational training and employment projects, with an ficulties in coping with the real work environment. To annual revenue of USD 8 million, providing 400 train- meet the challenge, the association adopted a “Place- ing placements daily, together with 100 employment Train-Place” model. placements for persons with psychiatric disabilities. In A service team composed of Occupational Therapists, the last decade (2001-2011), more than 1,600 per- Social Workers, Placement Officers and Instructors sons received the service, and around 525 (31 per- provide comprehensive training to service users. cent) of them were successfully discharged from the The “Place-Train-Place” approach includes: service, i.e. were able to sustain a job for more than • work training in real work settings six months. • diversified training such as retailing, catering and cleaning – to match the vocational needs and Implementation in the following countries preferences of service users Hong Kong and China • strengthening work attitudes and habits through training Expansion to other contexts/countries • ongoing support according to individualised Exchange sessions have taken place with organisations rehabilitation plans from Thailand and mainland China.
Why this is an example of Good Practice In many developing countries, no opportunities are provided for this group of disabled persons. The NLPRA initiatives are examples of Good Practice which stand out worldwide.
122_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Work and employment have proven effective means in the recovery process for persons with psychiatric disabilities.”
Sania Yau, Chief Executive Officer
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.nlpra.org.hk
Contact details Ms Sania Yau, CEO 332, Nam Cheong Street, Kowloon, Hong Kong SAR, China Phone: +852 2332-4343 Email: [email protected]
ZERO REPORT 2012_____123 GOOD PRACTICE EXAMPLES – JOBS/JOB CREATION
Equal Employment Opportunities Organisation: Specialist People Foundation
Denmark A not-for-profit organisation with the goal of enabling one million jobs for persons with ASD (and similar challenges), and, thereby, making societies globally respect and accommodate persons with ASD as equal citizens. Relevant articles of the UN CRPD: Art. 27 Work and employment)
Specialisterne is a for-profit company designed to as- Why this is an example of Good Practice sess, train and employ persons with ASD (autism Persons with ASD do not fit into the labour market, as spectrum disorders). Specialist People Foundation is a they do not live up to the standard requirements of so- not-for-profit organisation with the goal of enabling cial skills, empathy, teamwork, flexibility and ability to one million jobs for persons with ASD and similar chal- manage stress. However, they are mostly intelligent lenges and thereby making societies globally respect and possess “out-of-the-box” innovative thinking ca- and accommodate persons with ASD as equal citizens. pacity. 95 percent of persons with ASD do not have a The Specialist People Foundation aims to enable sus- job where they can make use of their skills, even tainable businesses based on the skills of people with though a meaningful job is the key to self-esteem and ASD in a global network of collaboration and knowl- quality of life. Our concept provides jobs that are pro- edge share licensees. With local Specialisterne “show- ductive for the corporate sector and meaningful for the cases”, we demonstrate to society the value of em- individual. As a pioneer, we encourage others to bene- ploying persons with ASD. fit from our knowledge.
Key figures/scope Specialisterne Denmark has 35 employees with ASD, 20 candidates with ASD in a five-month assessment/training programme, and 26 students with ASD in a three-year youth education programme.
Implementation in the following countries Denmark, Iceland and Scotland.
Expansion to other contexts/countries We are in the planning phase, in different stages, in countries like Austria, Canada, Germany, Poland, Sin- gapore, Switzerland and the USA.
124_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”We will not stop empowering specialist people even when we have passed our one million jobs goal. We are in it to change the world.”
Thorkil Sonne, Founder of Specialisterne and Specialist People Foundation
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.specialistpeople.com www.specialisterne.com
Contact details Thorkil Sonne, Founder and Chairman, Specialist People Foundation Lautruphøj 1-3, A3, 2750 Ballerup, Denmark Phone: +45 46 93 24 24, Fax: +45 43 71 56 21 Email: [email protected]
ZERO REPORT 2012_____125 GOOD PRACTICE EXAMPLES – JOBS/JOB CREATION
Blind Women Detect Breast Cancer Organisation: discovering hands
Germany A training programme that educates blind and visually impaired women to screen other women for breast cancer and, in doing so, provides them with employment. Relevant articles of the UN CRPD: Art. 6 Woman with disabilities, Art. 25 Health, Art. 27 Work and employment
discovering hands uses the special skills of visually im- Implementation in the following countries paired women to make a difference in the early detec- Germany – various federal states tion of breast cancer. Blind women are trained with a standardised diagnostic method and are then based at Expansion to other contexts/countries physicians’ offices. There they examine women for ir- The concept originated in Germany, but it is planned to regularities in the breast, aiming to identify any poten- “export” the idea to other countries. tial nodes as early as possible. This approach makes a real difference in the early detection of breast cancer Why this is an example of Good Practice as it: 1) makes use of visually impaired persons' spe- In an original pilot study for the discovering hands cial cognitive skills and 2) includes a 30-minute exami- project, the blind women trained found around 30 per- nation of the breast (whereas the physician typically cent more tissue alterations than the treating physi- spends only a few minutes on examining the breast). cians. In addition, the blind women found tissue alter- Parallel to this, discovering hands provides a meaning- ations that were, on average, smaller than those found ful and important employment opportunity for visually by the doctors (5-8mm vs. 10-15mm). In addition to impaired women, creating a real “win-win” situation this, discovering hands provides an important employ- for breast cancer patients and blind women. ment opportunity.
Key figures/scope As of today, 20 blind women are part of the discover- ing hands network, examining around 15,000 women each year. discovering hands is planning to increase substantially the number of blind technical assistants in the years to come (to around 60-80 blind women in employment in Germany alone).
126_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”discovering hands proves that disability can be a unique talent.”
Dr Frank Hoffmann, Project Leader, discovering hands
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.ashoka.org/fellows/hoffmann_frank http://www.stern.de/tv/sterntv/alternative-methoden-gegen- brustkrebs-wie-blinde-tumore-ertasten-702548.html http://www.myhandicap.com/mtu-disovering-hands.html? http://www.discovering-hands.de/ PHPSESSID=bab9a67f0269a1c1ecf980382e8ca311
Contact details discovering hands® Dr Frank Hoffmann Friedrich-Ebert-Str. 2, 47179 Duisburg, Germany Phone: +49 (0)203 713 868-21, Email: [email protected]
ZERO REPORT 2012_____127 GOOD PRACTICE EXAMPLES – JOBS/JOB CREATION
Dialogue Social Enterprise Organisation: Dialogue in the Dark
Germany An approach to integrating disabled persons into various types of professions and creating an atmosphere of mutual understanding between disabled and non-disabled persons. Relevant articles of the UN CRPD: Art. 8 Awareness-raising, Art. 27 Work and employment
In order to overcome barriers between “us” and Expansion to other countries/contexts “them” and begin to reverse deeply held prejudice and The Good Practice has been expanded to include such pity for the disabled, Andreas Heinecke has developed new services as dinners in the dark, leadership and strategies that engage and enlighten individuals teambuilding training. Furthermore, a new exhibition through action rather than words. His platform "Dia- called “Dialogue in Silence” has been created. It fol- logue in the Dark" empowers the blind and does not lows the same principles, but varies in terms of its inspire pity, but, instead, enables interaction and beneficiaries. Here the hearing impaired are the focus. builds respect, understanding, and even wonder by re- Another exhibition will come next spring: Dialogue of defining “disability” as “ability” and “otherness” as Generations emphasises the potential of old age and “likeness.” wants to close the inter-generative gap. Visitors begin by being immersed in total darkness and There are many copycat initiatives. More than 250 “in are guided around by a blind person. They are guided the dark” operations based on Dialogue in the Dark through different rooms and (artificial) environments, have been identified. such as a forest, a boat trip on the sea, a city centre, a vegetable stand, a sound room, ending in a bar where Why this is an example of Good Practice visitors can order a drink or something to eat. They go Andreas Heinecke integrates different types of disabled in small groups with one blind guide (although people persons. In each country he recruits the staff from are not always aware until later that the guide is that country, looking for “stellar” disabled persons to blind). The guide leads, but the group is large enough represent the whole group. In setting up the staff this that visitors must also rely on each other, in order to way, he attempts to show strength and talent amongst not lose track of where the group is going. the disabled. In most places, for instance, a blind per- son is the “master guide,” responsible for training the Key figures/scope others. The staff are not only disabled, but also gener- Dialogue in the Dark has allowed more than 7 million ally from various underprivileged backgrounds. Many people in 130 sites/exhibitions in over 30 countries, in- do not have formal degrees or CVs. Often, their job cluding Germany, China, US, Japan, Israel, South with “Dialogue in the Dark” is the first job they have Africa, Mexico, Argentina and Brazil, the experience of ever had. They learn not only basic skills such as being sightless for several hours under the guidance of punctuality, but also management skills, communica- more than 7,000 blind people. A growing number tion skills, responsibility, and more, discovering leader- amongst the currently 18 exhibitions have been run- ship qualities in the process, which many of them did ning successfully for several years, including Dialogue not previously know they possessed. Disabled persons in the Dark Hamburg, Frankfurt, Holon, Hong Kong, are , therefore, integrated into various types of profes- Tokyo, Atlanta and Milan. sions and an atmosphere of mutual understanding be- tween disabled and non-disabled persons is created. Implementation in the following countries In 36 countries worldwide.
128_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”After 23 years of Dialogue in the Dark, I still feel a beginner. Dialogue is my life and I feel so rewarded having the chance to work in such a fascinating and challenging environment.”
Prof Andreas Heinecke, CEO of Dialogue Social Enterprise GmbH and Founder of Dialogue in the Dark
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.dialogue-se.com/
Contact details Dialogue in the Dark® Alter Wandrahm 8/9, 20457 Hamburg, Germany Phone: + 49 (0)40 300 923 20 Email: [email protected]
ZERO REPORT 2012_____129 GOOD PRACTICE EXAMPLES – JOBS/JOB CREATION
Supporting Persons Finding Employment Organisation: Bizlink
Singapore A service where staff consults with employers and disabled employees about their job performance and work place needs. In addition, job coaches help ensure that the employees succeed in their jobs. Relevant articles of the UN CRPD: Art. 8 Awareness-raising, Art. 27 Work and employment
Bizlink’s placement services target both disabled per- Implementation in the following countries sons and employers. Staff consults with employers and Singapore employees about job performance, the need for any workplace modifications and aids, logistical concerns, Expansion to other contexts/countries such as transport, and any other issues affecting the Bizlink’s employment placement service has attracted placement. Job coaches are also supplied to ensure government officials and community development that new employees have the skills and knowledge to councils from countries such as People’s Republic of succeed in the job. China, Malaysia and United Arab Emirates.
Key figures/scope Why this is an example of Good Practice From the commencement of the recruitment process Employment services focusing specifically on job seek- to the eventual placement of a disabled person, one of ers with disabilities can be found in many countries. the major emphases of the job placement service is to Bizlink stands out in terms of both its close collabora- ensure employers are well supported in their effort to tion with employers and job sustainability for job seek- employ persons with disabilities. Typically, a job place- ers with disabilities. Furthermore, Bizlink promotes not ment officer will survey the potential work site for ac- only the equal employment opportunities for persons cessibility and also take the opportunity to get to know with disabilities that they duly deserve, but also, as in- a new employer. Through the interaction, an officer dividuals, their independence, dignity and inclusion in shares with the employer the mission of Bizlink and the mainstream of society. how, through various means, the employer can help make a difference to this community. The job place- ment officer also ensures that the employer’s queries are being addressed and highlights that Bizlink’s sup- port for both employer and the person with disability will be for a period of six months. For the year 2009, Bizlink managed to secure jobs from a total of 127 employers, of which 74 were new employers and 53 were existing employers. In 2010, this figure rose to a total of 171 employers, of which 104 were new employers and 67 were existing em- ployers.
130_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
“We believe that every human individual has the capacity to work and that there is no work too big or too small to be deemed non-purposeful.”
Joseph Chan, Head – Employment Placement Group, Bizlink Centre Singapore Ltd
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.bizlink.org.sg
Contact details Bizlink Centre Singapore Limited Blk 512 Chai Chee Lane #01-09 Bedok Industrial Estate, Singapore 469028 Phone: +65 6449 5652, Fax: +65 6449 5694 Email: [email protected]/[email protected]
ZERO REPORT 2012_____131 GOOD PRACTICE EXAMPLES – HARDWARE/SOFTWARE/TECHNICAL SUPPORT
Accessible Electronic Texts Organisation: The Robobraille Consortium
Denmark An email- and web-based service capable of making electronic texts accessible for persons with special needs – especially those who are either visually impaired, dyslexic or have poor reading skills. Relevant articles of the UN CRPD: Art. 9 Accessibility, Art. 21 Freedom of expression and opinion, and access to information
RoboBraille is an email- and web-based service capa- Expansion to other contexts/countries ble of making electronic texts accessible for persons The project originated in Denmark and spread at the with special needs. EU level and beyond. The majority of RoboBraille users are visually impaired To be sustainable, RoboBraille needs a critical mass of or dyslexic. They benefit from getting access to elec- users. With a relatively limited number of Danish tronic texts in alternative formats, such as Braille or Braille readers, RoboBraille solves the problem of criti- audio files, in their working life, their academic activi- cal mass in two different ways: 1) RoboBraille is global ties or in their personal life. in nature, and available to Braille users throughout the RoboBraille contributes to the establishment of an ac- world, and 2) the concept of automated document cessible and inclusive information society. The service conversion can easily be extended beyond Braille to promotes access to digital information for as many audio, Daisy, e-books and OCR processing, thus at- persons as possible and furthers visually impaired and tracting other user groups including the partially reading impaired persons' opportunities to achieve sighted, dyslexic, illiterate and persons with poor read- self-reliance, independence and self-sufficiency in daily ing skills. life. Why this is an example of Good Practice Key figures/scope Without RoboBraille, visually impaired and dyslexic About 284 million people are visually impaired world- persons have either no access to electronic materials, wide: 39 million are blind and 245 million have low vi- or they are dependent on assistance from others to sion (source WHO). Visually impaired persons having access them, which can lead to negative educational, access to the internet can profit from the RoboBraille economic and social consequences. service. RoboBraille contributes to the establishment of an ac- cessible and inclusive information society. The service Implementation in the following countries promotes access to digital information for as many Austria, Chile, Denmark, Egypt, France, Germany, persons as possible, and promotes visually impaired Ghana, Greece, Iceland, Ireland, Italy, Lithuania, Nor- and reading impaired persons' opportunities by ensur- way, Poland, Portugal, Slovenia, Spain, United King- ing access to textual materials. dom and the United States
132_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”We created RoboBraille as a free service to support inclusion, independence and self-sufficiency for persons with special needs.”
Lars Ballieu Christensen, PhD, Co-inventor of RoboBraille
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.robobraille.org www.sensus.dk
Contact details Lars Ballieu Christensen Sensus ApS Torvet 3-5, 2.tv., 3400 Hillerød, Denmark Email: [email protected]
ZERO REPORT 2012_____133 GOOD PRACTICE EXAMPLES – HARDWARE/SOFTWARE/TECHNICAL SUPPORT
Live Transcription Organisation: VerbaVoice GmbH
Germany An online platform enabling assistance for deaf and hard of hearing persons using speech-to-text reporting whenever necessary. Relevant articles of the UN CRPD: Art. 9 Accessibility, Art. 21 Freedom of expression and opinion and access to information, Art. 27 Work and employment
VerbaVoice provides a unique solution to the barriers being encouraged to offer live transcription and sign which deaf and hard of hearing persons currently face language interpretation of all parliamentary plenary in their daily lives – especially in education and on the debates, which are transmitted via live streaming labour market. Via an online platform, any deaf or text/video on the internet. This not only enables the hard of hearing person can book and connect to a Bavarian state to meet its obligations under the UN speech-to-text reporter (STTR) whenever necessary: CRPD, but also raises the public profile of the commu- the voice of the speaker is transmitted to a laptop or nication barriers faced by deaf and hard of hearing mobile phone, transcribed in real time by the STTR, persons and the solution VerbaVoice can offer. who is working from home, and displayed on the screen of the laptop or phone of the deaf or hard of Why this is an example of Good Practice hearing user. The STTR “re-voices” the content word Only a small number (80,000) of all the estimated 14 for word so that speech recognition software – trained million deaf and hard of hearing persons in Germany specifically to decipher his or her voice – can convert understand sign language. However, transcription of the spoken content into text. As the text is being pro- verbal communication into text is still not a widely duced, it is corrected by the STTR before being trans- available solution to tackle communication barriers. mitted to the client’s laptop or mobile phone with a Thus the vast majority of deaf and hard of hearing minimal time lag. This is only possible because Ver- persons currently face many barriers to successful par- baVoice is putting a strong focus on technological de- ticipation in social life, especially in education and the velopment and has combined existing and in-house workplace. The availability of STTR services is very software solutions (patent pending) to achieve the limited. In Bavaria there is currently one single active best possible outcomes. STTR. STTRs have to travel to and from their clients, travelling time is paid by the hour, and travel costs are Key figures/scope on top of this. This poses many logistical challenges There are six full-time and five part-time staff (includ- and makes the service very expensive. The use of the ing several deaf and hard of hearing professionals), to- VerbaVoice online platform reduces the costs by an av- gether with around 30 freelance STTRs. The company erage 35 percent, offering deaf and hard of hearing has been growing exponentially. people persons a widely available, flexible and afford- able STTR service to suit their needs – whenever and Implementation in the following countries wherever they need it. Also, the online platform allows In wide use in Germany, with negotiations underway STTRs, who work part-time or who are disabled, to to expand to the Austrian, Dutch and Swiss markets. work from home and to take bookings that they would usually be unable to attend because of the barriers Expansion to other contexts/countries they themselves face. The VerbaVoice system is the first of its kind world- wide. It is now not only being used by deaf and hard of hearing persons, but also by public institutions in Germany. The Bavarian State Parliament is currently
134_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Our aim is – with the help of our product – to remove communication barriers and to enable equal participation and access to the community for all deaf and hard of hearing persons.”
Michaela Nachtrab, Founder and CEO
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.verbavoice.de/
Contact details VerbaVoice GmbH Kronstadter Str. 8, 81677 Munich, Germany Phone: +49 (0)89 41 61 51 - 210 Email: [email protected]
ZERO REPORT 2012_____135 GOOD PRACTICE EXAMPLES – HARDWARE/SOFTWARE/TECHNICAL SUPPORT
Accessibility Information for Wheelchair Users Organisation: Wheelmap.org
Germany An online map of wheelchair accessible and inaccessible places with the added ability to tag locations and blog. Relevant articles of the UN CRPD: Art. 9 Accessibility, Art. 21 Freedom of expression and opinion, and access to information
Wheelmap.org is an online map of wheelchair accessi- Why this is an example of Good Practice ble and inaccessible places, providing a simple and effi- There are 1.6 million wheelchair users in Germany. cient way towards better inclusion for wheelchair users This number is expected to triple by 2050, as more of over the world. Every user can easily tag places as ac- the elderly will use mobility devices as a result of de- cessible, partly accessible or not accessible to wheel- mographic change. Individuals relying on mobility aids chairs, and a blog and other features allow for addi- all face a simple yet great problem: not knowing tional information sharing and community organising. whether a public place is accessible to wheelchairs. As The platform works with various input devices, includ- a result, few wheelchair users take part in public life ing mobile phones, and provides open programming in- and a vicious cycle of exclusion emerges. This chal- terfaces for third party applications and websites. lenge reflects a broader social problem: in Germany, as in many societies, the welfare system has created Key figures/scope separate spaces for persons with disabilities. Map data comes from Openstreetmap, the biggest Wheelmap.org bridges the mobility challenges of user-generated mapping project of the world with wheelchair users by utilising their huge online affinity 400,000 active contributors globally. The community – they are amongst the most prolific users of online provides 100 tags a day, and, currently, there are over technologies. Raul Krauthausen’s existing blogs and fo- 73,000 tags indicating accessibility of places. rums constitute one of the biggest online communities for impaired persons on the German-speaking web. Implementation in the following countries Through its additional functionalities, Wheelmap is not Germany at present, but can, and will, be used glob- only a self-help tool, but also an important interest ally as the global map already exists. group, bringing people together who are interested in a more integrated society. Furthermore, the German Expansion to other contexts/countries government provides generous funds for improving ac- The platform also creates greater public awareness cessibility to shop owners, barkeepers, etc. However, and social mobilisation concerning issues related to these benefits are rarely utilised by employers because increasing the integration of disabled persons into they do not know about them. Wheelmap publicises everyday life. Because Wheelmap allows for easy this information, making it accessible to all parties and identification of wheelchair accessible places within a promoting the benefits of accessible locations. Trans- category in a given geography, the community and parency is, therefore, used not only as a tool to im- its data place pressure on owners to improve the in- prove individual lives, but also to bring about a shift in clusiveness of their facilities. Wheelmap is available the dominant mindset and challenge a system that in 12 languages. segregates disabled people.
136_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”We want to use web technology to enable persons with disabilities to assess the accessibility of places on their own, without having to wait for someone else to do it for them. Nothing about us without us.”
Raul Krauthausen, Project Leader
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://wheelmap.org/
Contact details Raul Krauthausen – Project Leader SOZIALHELDEN e.V., c/o ImmobilienScout24 Andreasstraße 10, 10243 Berlin, Germany Email: [email protected]
ZERO REPORT 2012_____137 GOOD PRACTICE EXAMPLES – HARDWARE/SOFTWARE/TECHNICAL SUPPORT
Guaranteed Access to Facilities Organisation: Eurokey provided by Pro Infirmis
Switzerland Eurokey is a service guaranteeing access to, and the accessibility of, public facilities (with specific room and hygiene requirements) to persons with a disability, as well as the protection of these facilities. Relevant articles of the UN CRPD: Art. 9 Accessibility, Art. 20 Personal mobility
Access is with a universal key, a Eurokey, a Dom key But where for operational reasons facilities are locked, system registered for the whole of Europe. The key they should be equipped with a Eurokey and accessible can be used in lifts, stair lifts, toilets, cloakrooms, for at all times to persons with a disability. barriers, special secured entrances, interphone sys- tems, etc. Key figures/scope The key improves the autonomy and independence of • Eurokey facilities in Switzerland: 1,200 persons with a disability, as well as accessibility to • Eurokey users in Switzerland: 11,000 public spaces and buildings. A trip or a journey can be • Increase in users and facilities: planned better. Further advantages are: access to fa- average 15 percent per year cilities independent of opening times; improved clean- liness and hygiene conditions compared to public facili- Implementation in the following countries ties; and, protection from vandalism. Austria, Czech Republic, Germany and Switzerland Eurokey is developed for persons with either mobility or visual impairments, as well for persons with other Expansion to other contexts/countries disabilities that make the use of the service necessary. Eurokey is also integrated into information in city The Eurokey is given directly to the user. Certain med- maps, available as a smartphone application “gp- ical verifications or certificates about the degree of dis- stracks”, and is incorporated in projects for accessibil- ability are necessary to receive the key. Tourists with ity of other cooperating partners (for example, the mobility or visual impairments may also make use of a website and smartphone applications from wcguide.ch key. and the smartphone application “Public Toilets” from Eurokey was invented in 1986 in Germany and was in- Medialemon GmbH). troduced in 1996 in Switzerland by AGILE. Pro Infir- The next countries in which Eurokey will be introduced mis, the largest Swiss organisation for persons with are the Benelux countries, Scandinavia and Italy. disabilities, has managed and coordinated the service since 2000. Why this is an example of Good Practice The implementation of Eurokey has been helped consid- • The Eurokey guarantees more autonomy and inde- erably since 2009, when it was included in the Swiss pendence for persons with a disability. standard SIA 500 “Obstacle-free Buildings”, issued by • The key also works with lifts, stair lifts and cloak- the Swiss Association of Architects and Engineers. The rooms, barriers, special secured entrances and inter- standard is an integral part of the building code in most phone systems. Swiss cantons. The standard notes that Eurokey is to be • Access to lockable facilities in public spaces and used in places where facilities should be reserved for buildings is independent of their operating hours. persons with a disability and the access to these facili- • Eurokey offers an added level of security to the re- ties must be provided outside normal opening times. In stricted user group and improved cleanliness and hy- the first instance, facilities and equipment are to be de- giene conditions, and protection from vandalism. signed so they need not be lockable under normal use and are accessible to all.
138_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Eurokey is the key that guarantees more autonomy and independence for persons with mobility or visual impairments in public spaces.”
Anton Weber, Founder of the Service “Eurokey” Switzerland, Pro Infirmis
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.eurokey.ch/ (in French, Italian, German and English) www.oear.or.at/service/euro-key (German) http://cbf-da.de/ (German) www.helo.cz (Czech)
Contact details Pro Infirmis, Coordination Office for Construction and Environment Feldeggstr. 71, PF 1332, 8032 Zürich, Switzerland Phone: +41 (0)44 388 26 26 Email: [email protected]
ZERO REPORT 2012_____139 GOOD PRACTICE EXAMPLES – MEDIA/TV ACCESSIBILITY
Sign Language on TV News Organisation: Corporación Ciudadanía Real de Sordos de Chile (CRESOR)
Chile An initiative to ensure that at least once a day a TV news programme is interpreted in Chilean Sign Language. Relevant articles of the UN CRPD: Art. 21 Freedom of expression and opinion, and access to information
In 2001, Pamela Molina, representing CRESOR, along ementary-level child, thus the importance of providing with another deaf woman, filed a joint lawsuit against access to information in TV newscasts in their native Chilean television channels. The lawsuit called for the tongue. Many deaf people only sign, and do not use incorporation of simultaneous Chilean Sign Language the language of the majority. (CSL) interpretation in their daily newscasts. The law- suit was won initially, but lost on appeal because of Implementation in the following countries procedural errors. In all regions in Chile Despite this initial legal defeat, the cases prompted a broad, public debate. The social mobilisation and sup- Expansion to other contexts/countries port of the Chilean deaf community proved a pivotal This Good Practice extends to Peru and Argentina. El element in an agreement reached later with TV com- Salvador is currently also trying to achieve legal recog- panies who, after a lengthy process, agreed to incor- nition for Salvadorian Sign Language. porate simultaneous interpretation in at least one tele- vision newscast per day. Such an agreement is still in Why this is an example of Good Practice effect today. The strategy used by the Chilean deaf community won This public debate also produced a series of multisec- it a notable victory, enabling a deal to be signed with toral reactions. The Chilean government took up the television channels to incorporate sign language in matter and agreed to work on the demands of the their newscasts. This, in turn, empowered the commu- Chilean deaf community with regard to the education nity in the enforcement of its members’ rights. The of deaf persons in Chile. Soon after, Congress pro- challenges have continued: sign language is now used moted an initiative that would officially recognise when information is provided on TV about natural dis- Chilean Sign Language as the mother tongue of deaf asters, such as earthquakes, tsunamis, etc. In going Chileans. up against the very powerful TV channels, the deaf community was not deterred from demanding its Key figures/scope rights and it remained uncowed. Members of Congress According to the 2004 ENDISC survey, there are and the Parliament got involved. In addition, deaf or- 292,720 persons with hearing disabilities in Chile, rep- ganisations announced their decision to bring the case resenting 8.74 percent of the total number of persons before the Inter American Commission on Human with disabilities in the country. 70 percent of the per- Rights at the Organisation of American States – OAS. sons with hearing disabilities are “functional illiter- All of this social mobilisation forced the TV channels’ ates”, which means that they have difficulties writing representatives to sit at the negotiation table. and reading in the language of the majority. The cause of this is, without a doubt, the historical imposition of the oralist model on deaf communities, without recog- nising their right to be instructed in their native tongue. The reading and writing levels of an adult deaf person are estimated to be equivalent to that of an el-
140_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”All deaf people belong to the platoon of minorities with disabilities and to defend the rights of these minorities is our right, our absolute right.”
Pamela Molina Toledo, Former President, Corporación Ciudadanía Real de Sordos de Chile – CRESOR; Program Manager, Social and Labor Inclusion for People with Disabilities; Trust for the Americas, Organisation of American States
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.prohumana.cl/documentos/testimonios/ http://www.lanacion.cl/noticias/site/artic/20030420/pags/ Pamela_molina.pdf 20030420173011.html http://www.youtube.com/watch?v=QZaZ2gj6pU0
Contact details Pamela Molina Toledo 2059 Huntington Ave, Apt 1211, Alexandria, VA 22303, USA Email: [email protected] or [email protected]
ZERO REPORT 2012_____141 GOOD PRACTICE EXAMPLES – MEDIA/TV ACCESSIBILITY
Sign Language – Web TV Organisation: Deaf and Hard of Hearing Clubs Association of Slovenia
Slovenia Web TV developed as a specialised medium to provide information, in a comprehensible fashion, to the deaf/hard of hearing. Relevant articles of the UN CRPD: Art. 9 Accessibility, Art. 21 Freedom of expression and opinion, and access to information)
Web TV (www.deaf-tv.si) is a specialised medium for from other countries – selected video content is in in- the hearing impaired and public in general. Its main ternational signs and English. Additionally, it covers role is to provide information to the deaf and hard of relevant topics for the international community, espe- hearing in a comprehensible way: using Slovenian sign cially news from the European Union of the Deaf (EUD) language (SSL), plus subtitling and voice, and taking and the World Federation of the Deaf (WFD), the Euro- into consideration their different needs. pean Disability Forum (EDF) and other relevant NGOs. Web TV was established in 2007 by the Deaf and Hard Plus Web TV targets political institutions on the EU of Hearing Clubs Association of Slovenia. It is the only level. medium in the Slovenian media space that, 24/7, pro- vides linguistically adapted and relevant information Expansion to other contexts/countries for the deaf, with subtitling the role of the Slovenian The idea of a specialised internet medium for the deaf state! in sign language originates from the American Rochester Institute of Technology (RIT) and it was in- Key figures/scope troduced to Slovenia by the former secretary of the Web TV serves informative and educational purposes Deaf and Hard of Hearing Clubs Association of Slove- for nearly 5,000 deaf and hard of hearing Slovenians. nia, Aljoša Redžepovič, but with great innovation and It is also a relevant medium for such varied stakehold- progressive alteration of the concept. While compara- ers as: parents of deaf children, specialists teachers of ble deaf media (though only few exist in the world) persons with hearing impairments, interpreters of sign only serve the needs and interests of one group of language, political decision makers and others in the people (signing for deaf), Slovenian Web TV has intro- disability NGO sector. The result: 309 video broadcasts duces a truly integrative practice! in 2010, with nearly 130,000 viewers. Web TV not only provides an inclusive working envi- Why this is an example of Good Practice ronment for nearly 20 deaf and hard of hearing per- Web TV facilitates the implementation of UN Conven- sons. With 4 jobs on a regular basis (3 jobs co-fi- tion on Rights of Persons with Disabilities (UN CRPD) nanced by European social fund for a year’s term), in through public reporting and media pressure on politi- media production it also employs deaf persons who, cal institutions. It implements freedom of opinion and due to their communication barrier, are generally not access to information for deaf people in Slovenian sign given the chance to become employed in this area. For language. It is an innovative and interactive educa- the first time in history, such persons work independ- tional tool; it promotes and enables the learning of ently as reporters, cameramen, directors etc. sign language. It raises public awareness about the disabled, their rights and social achievements; it fights Implementation in the following countries against stereotypes. And it lobbies the government for Web TV is a global medium, accessible 24/7 via the adoption of legislation to assure equal possibilities www.deaf-tv.si. The majority of its viewers are repre- for the deaf. sented by the Slovenian deaf community and the pro- fessional and interested public. It also receives visits
142_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”Nothing to be done about the disabled without the disabled! Information in sign language is the key to an inclusive society and a step toward equality for all.”
Tina Grošelj, Chief Editor
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.zveza-gns.si or www.deaf-tv.si
Contact details Deaf and Hard of Hearing Clubs Association of Slovenia Drenikova 24, 1000 Ljubljana, Slovenia Phone: +386 (0)1 500 15 00 Email: [email protected], [email protected]
ZERO REPORT 2012_____143 GOOD PRACTICE EXAMPLES – MEDIA/TV ACCESSIBILITY
Internet Accessibility Organisation: The Accessibility Foundation
The Netherlands An initiative to promote the inclusive accessibility of the internet. It evaluates the accessibility of websites and other digital media. It is also a technical helpdesk and maintains an online knowledge base. Relevant articles of the UN CRPD: Art. 9 Accessibility. Art. 19 Living independently and being included in the community, Art. 21 Freedom of expression and opinion, and access to information
Our goal is to inform, inspire and educate institutions, Implementation in the following countries companies and government regarding the ways they The Netherlands: can make the internet and internet-based multimedia • Initiator of “Waarmerk drempelvrij.nl”, the quality accessible to everyone, particularly to persons with mark for the accessibility of websites disabilities. • Author of normative document to the “Webrichtlij- We work together with interest groups, client organi- nen”, the Dutch Web guidelines, a national govern- sations and the target audience itself. The greater the mental standard involvement of the audience, the better the range of • Official Translator of W3C Web Content Accessibility solutions. Our approach strengthens the position of Guidelines persons with disabilities and senior citizens and en- • Accessible Touch screens, used by Dutch national sures that they can participate independently in soci- railway carrier NS ety. We do research on the accessibility of web sites, television and digital (online) games and applications World Wide: and share our findings on our website. Furthermore, • WCAG WG participant and contributor to WCAG 2.0 we test the accessibility of websites, provide guidance • Author of the first book about the accessibility of in setting up websites, give courses and lectures, carry internet out expert reviews, do user research and organise • Maintaining a forum on Game Accessibility training courses for policy makers, web designers and • EU mandate 376 communication specialists. Accessibility is an active member of W3C, the interna- Expansion to other contexts/countries tional standards organisation for the internet. We are The Netherlands, Europe and the USA the initiator of the Dutch Quality Mark ”drempelvrij.nl” for accessible websites and we are the first accredited Why this is an example of Good Practice organisation to review drempelvrij.nl guidelines. We The initiative is truly inclusive as it aims to improve are the co-creator of the Dutch Web Guidelines, a the accessibility of the internet and other digital media quality standard compulsory for Dutch governmental for all people, including the elderly and persons with and municipal websites. disabilities.
Key figures/scope Our expertise includes all accessibility features of all multimedia formats used by W3C and other consortia. We are a small organisation, consisting of fewer than 20 employees. We are an independent foundation, closely related to the Bartiméus Institute for the Blind in the Netherlands (2,200 employees and more than five schools) which focuses on all persons with disabilities and the elderly.
144_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”The internet as a medium is perhaps the most accessible of all, we just need to make sure we include everyone.”
Eric Velleman, Technical Director
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.accessibility.nl/algemeen/over?languageId=2
Contact details Accessibility Foundation Oudenoord 325, 3513 EP Utrecht, The Netherlands Phone: +31 (0)30 239 8270, Email: [email protected] Website: http://www.accessibility.nl/?languageId=2, Twitter: @AccessibilityNL
ZERO REPORT 2012_____145 GOOD PRACTICE EXAMPLES – DATA/STATISTICS
Global Disability Database Project Organisation: Leonard Cheshire Disability
Africa and Asia Leonard Cheshire Disability and the World Bank have collaborated to establish an online database of ongoing government projects that include persons with disabilities in mainstream programmes in the fields of education, livelihoods and health. Relevant articles of the UN CRPD: Art. 31 Statistics and data collection
The disability database project established an online Why this is an example of Good Practice database of ongoing government projects that include The database is a global first. It showcases how gov- persons with disabilities in mainstream programmes in ernments practically implement the UN CRPD and acts education, health and rehabilitation, and livelihoods. as a resource for all governments to find out what With initial funding from the Japanese government projects are being conducted in other countries. This through the World Bank, the project was a response to helps in the transition from quantity-driven to quality- the increasing number of government projects driven development programmes, government policies launched since the adoption of the UN CRPD in Decem- and practices. The database also helps to enhance ber 2006. It aims to promote information sharing, col- transparency and monitor the progress, as well as the laboration and partnership amongst governments and challenges, of governments’ implementation of UN other stakeholders. Since development of the database CRPD-based and quality-based approaches to disability began in January 2010, it has been refined with its issues. Also, by providing information on existing poli- stakeholders and now provides project information cies and legal frameworks, it contributes to global from 18 countries from the Global South. By the date knowledge of the relationship between policy and im- of its official launch in March 2012, it will hold data on plementation. up to 100 projects.
Key figures/scope 18 countries are currently covered, with 36 projects listed. More to be added.
Implementation in the following countries The data will be collected mainly from Africa, South and Southeast Asia, and the Pacific.
Expansion to other contexts/countries Not applicable – the database holds information on Good Practice from many countries and can be used by people from all countries.
146_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”It was rewarding to explore the design and aims of government projects. The focus of inclusion can take many different forms.”
Kayoko Tatsumi, Disability Database, Leonard Cheshire Disability
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading www.disabilitydatabase.org
Contact details Leonard Cheshire Disability 66 South Lambeth Road, London SW8 1RL Phone: +44 (0)20 3242 0288 Email: [email protected]
ZERO REPORT 2012_____147 GOOD PRACTICE EXAMPLES – INTERNATIONAL COOPERATION/DEVELOPMENT COOPERATION
Development Reference Group Organisation: AusAID
Australia An initiative to create a small independent group of experts, including persons with disabilties, to provide high-level guidance on disability-inclusive development to a bilateral donor. Relevant articles of the UN CRPD: Art. 31 Statistics and data collection, Art. 32 International cooperation
AusAID’s Disability-Inclusive Development Reference as appropriate who will contribute to the planning and Group (DRG) was established in early 2009. It is a monitoring of the implementation of the Development small honorary advisory group comprising interna- for All strategy. tional and Australian leaders and active participants in The role is independent and the group is encouraged disability-inclusive development. to engage with other key stakeholders such as the The role of the DRG is to provide high level guidance Australian Disability Discrimination Commissioner and on disability-inclusive development and help to shape the Australian representative on the UN Committee for AusAID’s implementation of the Development for All the UN CRPD. strategy. Development for All was launched by the Australian Implementation in the following countries Government in 2008. The purpose of the strategy is to Australia. Where appropriate, meetings are held in ensure that persons with disabilities are included in countries where Australia provides assistance for dis- planning, implementation, monitoring and evaluation ability inclusive development. processes in a genuine manner, and that they share equally in the benefits of Australia’s development as- Expansion to other contexts/countries sistance. The DRG is unique in its current form, serving as an Strengthening the focus on disability supports Aus- example of Good Practice for the partner governments tralia in meeting its obligations under the United Na- where Australia works. The group has visited Cambo- tions (UN) Convention on the Rights of Persons with dia for one of its meetings in 2010. This had direct Disabilities (CRPD), particularly Article 32 which re- positive impact on programming, monitoring & imple- quires States Parties to ensure that international coop- mentation. eration is inclusive of and accessible to persons with disabilities. Why this is an example of Good Practice The DRG ensures that the transparent consultative ap- This group is a panel of experts representing a cross proach taken during the development of the strategy section of disability expertise: persons with disabilities, is formalised, guiding the implementation and forming Disabled Persons Organisations, advocacy groups, pol- part of the accountability mechanisms for the strategy. icy, international and academic experts. The DRG rep- resents a diverse range of stakeholders in disability-in- Key figures/scope clusive development. AusAID has been open to The DRG provides a mechanism for communication, suggestions and ideas from the group and has wel- exchange of ideas and lessons learnt on Good Practice comed the independent and objective advice and guid- and emerging issues in disability-inclusive develop- ance the DRG is able to provide. ment between AusAID and external stakeholder groups. Meetings are held twice yearly, and partici- pants include relevant Australian Government repre- sentatives, AusAID staff and Executive, members of the Disability-Inclusive Development Team and others
148_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”With the support of the Disability-Inclusive Development Reference Group, we are far better equipped to achieve the aims of our strategy for disability-inclusive development: Development for All.”
Peter Baxter, Director General, AusAID
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.ausaid.gov.au/hottopics/topic.cfm?ID=4146_ www.addc.org.au 7481_277_9124_7754&From=HT
Contact details Rosemary McKay, Director of the AusAID Disability–Inclusive Development Team PO Box 887, Canberra, ACT 2601, Australia Phone: +612 6206 4497, Fax: +612 6206 4877, Email: [email protected] Christine Walton, Executive Officer of ADDC 56 Rutland Road, Box Hill, Victoria 3128, Australia Phone: +61 3 8843 4587, Email: [email protected]
ZERO REPORT 2012_____149 GOOD PRACTICE EXAMPLES – INTERNATIONAL COOPERATION/DEVELOPMENT COOPERATION
Monitoring the Implementation of the UN CRPD Organisation: Light for the World Austria
Burkina Faso An initiative to monitor the implementation of the UN CRPD in a developing country, with the aim of changing policies and practice, on a national level, to promote the inclusion of persons with disabilities. Relevant articles of the UN CRPD: Art. 31 Statistics and data collection, Art. 32 International cooperation, Art. 33 National implementation and monitoring
Burkina Faso is a sub-Saharan country that ratified the disability”, the huge gap of children with disabilities UN CRPD and the Optional Protocol in 2009. Subse- having access to education should, in particular, grad- quently, it adopted a national law on the rights of dis- ually be closed, as the law guarantees inclusive educa- abled persons in April 2010. However, the implementa- tion, and multi-partner pilot initiatives are ongoing in tion of these legal instruments is, as yet, far from collaboration with the Ministry of National Education. guaranteed. Initially started by International Service, in May 2010, seven independent Disabled Persones’ Implementation in the following countries Organisations (DPOs), the National Federation of DPOs Burkina Faso, on a national level and four International NGOs, including LIGHT FOR THE WORLD, joined forces to play an active and effective Expansion to other contexts/countries role in building up the capacities of both the govern- Since the project only started in 2010, it has not yet ment and DPOs, and in holding the government ac- spread to other countries, but has stayed a national countable for the implementation of the provisions of initiative in Burkina Faso. the Convention. The Ministry of Social Affairs and the Ministry of Human Rights welcomed the initiative, and Why this is an example of Good Practice organised a conference with all ministries, relevant The spirit to push the agenda of implementing the UN civil society organisations, DPOs and international CRPD, together with respect for each other’s role, has NGOs on the implementation of the UN CRPD. The been outstanding. If the necessary resources are pro- Ministry of Social Affairs developed a National Strategy vided, Burkina Faso can become a model, for (French- for the Promotion and Protection of Disabled Persons. speaking) sub-Saharan Africa, for the effective imple- Together with an interdepartmental body, it is respon- mentation of the UN CRPD, built on the strengths and sible for monitoring its implementation. potential of all the actors involved. LIGHT FOR THE The DPOs formed an Advocacy Group (CAP) that WORLD Austria believes it is crucial to provide techni- watches over the developments and continues to push cal and financial support to both the ministries in for concrete and structural implementation. The Na- charge, to strengthen their capacities, and the civil so- tional Human Rights Institute is involved as an impor- ciety sector, especially DPOs, in holding the govern- tant actor. This process offers learning in building ment accountable. coalitions and effective partnerships to monitor imple- Next measures will include the linking up of national mentation of the UN CRPD. representatives with those at the international policy level. The aim is to facilitate exchanges with Key figures/scope international experts involved in the monitoring As this initiative intends to implement the policies and of the UN CRPD. change on a national level to promote inclusion of per- sons with disabilities, eventually all persons with dis- abilities in Burkina Faso should benefit (approximately 15 percent of the population). Looking at the figures published in the recently launched “World report on
150_____ZERO REPORT 2012 GOOD PRACTICE EXAMPLES
”The joining of forces by International NGOs, DPOs and ministries will help build up a solid pluralistic movement in which each actor lives up to his own particular role.”
Lenie Hoegen Dijkhof, responsible for Rights and Inclusion of Disabled Persons and Inclusive Education, LIGHT FOR THE WORLD Burkina Faso
Usefulness/Applicability/Of Interest People (respondents of the questionnaire) could select up to 10 (of 27) Good Practice Examples which they personally consider the most useful/interesting/applicable in their countries.
Albania (ALB) Kosovo (RKS)
Argentina (ARG) Macedonia (MKD)
Australia (AUS) Mexico (MEX)
Austria (AUT) Montenegro (MNE)
Belgium – Federal State Walloon (BEL) Netherlands (NED)
Bosnia and Herzegovina (BIH) Portugal (POR)
Bulgaria (BUL) Romania (ROU)
Canada (CAN) Serbia (SRB)
Croatia (CRO) Slovakia (SVK)
Denmark (DNK) Slovenia (SLO)
Estonia (EST) South Africa (RSA)
Finland (FIN) Spain (ESP)
France (FRA) Sweden (SWE)
Germany (DEU) Switzerland (SUI)
Hungary (HUN) Turkey (TUR)
Ireland (IRL) United States – California (US CA)
Israel (ISR) United States – New York (US NY state)
Italy (ITA)
Further information and reading http://www.light-for-the-world.org/
Contact details LIGHT FOR THE WORLD Austria Niederhofstraße 26, 1120 Vienna, Austria Phone: +43 1 810 13 00, Fax: +43 1 810 13 00 - 15 Email: [email protected] or [email protected]
ZERO REPORT 2012_____151 ANTI-DISCRIMINATION AND EQUALITY LAWS Participation in All Areas of Life (Austria) The Right to Equal Opportunities (Spain) The Right to Equality (United Kingdom)
SPECIAL LAWS Advancing Supported Decision-Making (British Columbia, Canada) Universal Access to Justice (Israel) The Right to Inclusive Education (Italy) Safeguarding Human Dignity (Sweden) The Right to Living Independently (Sweden) GOOD POLICY EXAMPLES
GOOD POLICY EXAMPLES GOOD POLICY EXAMPLES – ANTI-DISCRIMINATION AND EQUALITY LAWS
Participation in All Areas of Life Austria
The focus on accessibility in the public and private sector combined with a mandatory low-threshold conciliation procedure, which is promoted as Good Practice by disability organisations, are what distinguish the Austrian Federal Disability Equality Act.
The Federal Disability Equality Act was introduced in Principle of public participation 2006 together with a series of amendments to disabil- Disability organisations were involved in the law’s im- ity-related laws. Its foremost aim is to ban discrimina- plementation before, during and following enactment. tion in everyday life. The Act applies to federal author- Its provisions include a limited class action mechanism ities and to the access to goods and services available and, parallel to this, a Disability Ombudsman was es- to the public under federal competence. It defines tablished from whom people can obtain advice and measures against discrimination and establishes the support. duty of reasonable accommodation for individuals in services, in the access to goods and services, as well Law-making history as public spaces and infrastructures. It puts forth a In 1997, a special ban on discrimination and a com- highly interesting approach as regards the achieve- mitment by the Austrian Republic to the equal treat- ment of an accessible built environment, which, in its ment of disabled and non-disabled persons was in- original version, is favoured by the European Disability cluded in the Constitution. On 1 January 2006, a Forum as a model for the European Accessibility Act milestone in Austrian disability policy came into effect, (announced for 2012). the Disability Equality Package, which regulates the ban on disability-related discrimination in all areas of General principles of the law life. The package is composed of the Federal Disability Principle of equity Equality Act (ban on discrimination in everyday life), a The right to the equal treatment of persons with dis- comprehensive amendment to the Disability Employ- abilities has constitutional standing in Austria (Article ment Act (ban on discrimination in employment), and 7), and the Act translates this right into action. Since an amendment to the Federal Disability Act (Federal anti-discrimination is a shared competence with the Disability Ombudsman). At the same time, an amend- provinces, many of them have adopted provisions in ment to Article 8 of the Constitution was adopted this regard. which enshrined Austrian sign language in the Consti- tution. A further act containing various measures to Accessibility facilitate access to a range of occupations for people The law defines the existence of “barriers” as a form of with disabilities was also adopted. Behind the initiative prohibited indirect discrimination and addresses pre- to introduce the Federal Disability Equality Act was a existing barriers using a staggered approach based on cooperation between the Austrian National Council of both a staggered set of deadlines and the cost of re- Disabled Persons (ÖAR), Independent Living Centres moving the barrier. Where barriers cannot be re- and the Federal Ministry of Labour, Social Affairs and moved, the law still requires a decisive improvement in Consumer Protection (BMASK), and the adoption of the situation of the affected individual. the Act was preceded by intensive discussions.
Enforcement Key features Disability organisations praise the Austrian manda- The Federal Disability Equality Act was enacted by tory low-threshold conciliation procedure as Good Parliament in 2006. It has a broad definition of dis- Practice. ability covering persons with all types of a “not
154_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”The Federal Disability Equality Act improves the legal position and living condition of disabled persons. A step forward would be to introduce systematic monitoring and raise penalties for breach of law.”
Eduard Riha, Secretary General, Austrian National Council of Disabled Persons
merely temporary deficiency of functions”, presum- tiate a class action with the approval of the Federal ably more than 6 months, which hamper their partici- Disability Advisory Board. pation in society. Prohibiting direct and indirect dis- crimination, harassment and instruction given by Key figures others to discriminate, it requires reasonable accom- • In 2010, the Disability Ombud answered modation in services, including social security, health- over 1,200 requests. care, education and housing (both to a limited ex- • In the same year, EUR 3.4 million was granted by tent), access to goods and services available to the the Federal Social Welfare Board to almost 200 un- public, as well as public spaces and infrastructures. dertakings for accessibility works. From 2006 to The law establishes also the duty of federal authori- 2010, there were 732 mandatory conciliation cases, ties to undertake concrete efforts for achieving acces- of which approximately 60 percent could be solved sibility. It provides for a series of timeframes for the out of court. elimination of barriers in public buildings and trans- • In addition, several ministries have published action port. The Austrian Act introduced compulsory media- plans with the objective of achieving accessibility. tion before the Federal Social Welfare Board, prior to enforcement in court, which both examines whether Future development public funds can be used to abolish cases of systemic The government is currently evaluating improvements discrimination and promotes out-of-court settlements. to disability equality legislation and, at the end of In the instance of important and lasting harm, the 2011, is expected to publish its ten-year strategy, the Austrian National Council of Disabled Persons can ini- National Action Plan 2011-2020.
Further information and reading Dr Anthony Williams, An Introduction to the Austrian Federal Disability Equality Act, in: European Yearbook of Disability Law, eds Gerard Quinn – Lisa Waddington, Intersentia 2009, Vol. I, pp. 147-151. In-depth information in English is provided by the European network of legal experts in the non-discrimination field: www.non-discrimination.net/countries/austria; in German: www.oear.or.at/ihr-recht/un-behindertenrechtskonvention/zivilge- sellschaftsbericht and www.bizeps.or.at/gleichstellung/
Contact details Ms Christina Wurzinger, European and International Department, Umbrella Organisation of the Austrian Disability Associations Stubenring 2/1/4, 1010 Vienna, Austria Phone: +43 1 5131533-211 Email: [email protected], URL: www.oear.or.at
ZERO REPORT 2012_____155 GOOD POLICY EXAMPLES – ANTI-DISCRIMINATION AND EQUALITY LAWS
The Right to Equal Opportunities Spain
Over 40 countries worldwide have adopted laws protecting disabled persons against discrimination. Nonetheless, few are as normatively structured as the Spanish legislation, which proposes a strong proactive equality regime.
The Law of Equal Opportunities, Non-Discrimination Principle of public participation and Universal Access for Persons with Disabilities (LI- Civil dialogue is one the basic principles of LIONDAU, ONDAU) of 2003 marked an unambiguous shift in and public authorities have the duty to consult with Spanish disability policy towards a human rights per- disabled persons. Therefore the National Council on spective based on the social model of disability. Fore- Disability, especially CERMI – the Spanish Committee most, its provisions aim to guarantee the right to of Representatives of Persons with Disabilities, play an equal opportunities for disabled persons by defining active role in the law’s implementation. measures against discrimination and a series of affir- mative actions for persons with severe disabilities and Law-making history disabled women. In addition, it provides for positive Marking the International Year of Disabled Persons of measures of promotion for the implementation of a 1982, the Act on Social Integration of Disabled Per- policy of equality and measures of defence, including sons, establishing social and economic benefits for an articulated enforcement regime. Crucial for achiev- persons with disabilities in the field of social security, ing its objectives is the crosscutting goal of universal education, work and housing, became law. Twenty accessibility, addressed with its strategy “Design for years passed before LIONDAU was enacted. In the All”. In 2011, LIONDAU was amended in accordance meantime, at the international level the UN Standard with the UN Convention on the Rights of Persons with Rules on the Equalisation of Opportunities for Persons Disabilities (UN CRPD), and now its definition of dis- with Disabilities of 1993 promoted a new understand- ability is that of the UN CRPD, Article 1. ing of disability, that is, the disadvantages suffered by a person with a disability originate, above all, from the General principles of the law limiting obstacles and conditions which, in society it- Equal Opportunities self, having been conceived to fit the pattern of the av- The law defines equal opportunities as lack of direct erage person, impede full participation by these citi- and indirect discrimination based on the ground of dis- zens. In addition, the movement in favour of the ability. It focuses on both non-discrimination and ac- “independent life” model was gaining in popularity. cessibility on an equal level. This movement demands “universal accessibility” as the condition to be fulfilled by environments, products Universal accessibility and services in order for them to be understandable, In order to permit persons with disabilities to live in usable and functional for all persons. Both trends con- the community, LIONDAU adopts the principle of uni- verged in LIONDAU, which was passed in 2003, coinci- versal accessibility, which is particularly important for dentally also the European Year of People with Disabili- access to social services, employment and education. ties. LIONDAU seeks to guarantee equality of opportunity for all disabled persons through the basic Prevention of discrimination tenets of non-discrimination, positive action and uni- The law places particular emphasis on promotional versal accessibility. measures, including awareness raising and training. These are fundamental to preventing discrimination and go hand in hand with accessibility plans.
156_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”LIONDAU is an important law that has not yet been fully implemented. It is necessary to acquire a firm commitment to extend its impact to the entire Spanish legal framework.”
Ms Ana Sastre Campo, UN CRPD Delegate, CERMI
Key features Key figures LIONDAU defines equality of opportunities as absence • Within six months of the law’s enactment of direct or indirect discrimination based on grounds of the National Action Plan on Accessibility 2004-2011 disability. In addition, its adoption of affirmative action was launched. is designed to compensate for the disadvantages of a • In 2007, a series of further regulations were promul- person with disabilities. The law has an almost univer- gated. Reports have highlighted that improvements sal scope and requires the adoption of subsidiary legis- in quality of life have been made, foremost in acces- lation in different fields such as goods and services sibility of transport and communication. available to the public, transportation, telecommunica- • Public and private attitudes have started to change. tions and information technology, urban public spaces, infrastructures and buildings, and relations with public Future development administrations. LIONDAU provides for an arbitration While the enactment of Act No 26 of 2011 has incorpo- system and establishes a series of enforcement meas- rated the definition of a person with disability of Article ures, including a regime of administrative offences and 1 of the UN CRPD, at the same time it includes a sanctions. Most importantly, it considers accessibility vague last paragraph which seems to support the old as an autonomous right. Therefore, almost all its regu- definition of disability, that is, persons having a 33 lations have a clear focus on accessibility requirements percent minimum degree of handicap recognised by a which are mandatory for all parties supposed to meet certificate. In order to comply with the obligations of with the standards. Only when these accessibility re- the UN CRPD the law still needs further improvement. quirements cannot guarantee equality, individual rea- sonable accommodations come into play.
Further information and reading In-depth information in English is provided by the European network of legal experts in the non-discrimination field: www.non-discrimination.net/countries/spain; and by CERMI in its “Human Rights and Disability. Alternative Report Spain 2010”: www.cermi.es/en-US/Biblioteca/Pages/Inicio.aspx?TSMEIdPub=10; Information mainly in Spanish: Service of Information about Disability (Servicio de Información sobre Discapacidad, SID) http://sid.usal.es and Permanent Specialised Bureau (Oficina Especializada Permanente, OPE) www.oficinape.mspsi.gob.es
Contact details Ms Ana Sastre Campo, Delegate for Human Rights and the CRPD, CERMI – Committee of Representatives of Persons with Disabilities C/. Recoletos, 1 Bajo, 28001 Madrid, Spain Phone: +34 91 360-1678 Email: [email protected], URL: www.cermi.es • www.convenciondiscapacidad.es
ZERO REPORT 2012_____157 GOOD POLICY EXAMPLES – ANTI-DISCRIMINATION AND EQUALITY LAWS
The Right to Equality United Kingdom
116 separate pieces of legislation were consolidated and updated with the introduction of the single Equality Act, perhaps the most comprehensive and detailed anti-discrimination legislation in Europe.
Introducing the Equality Act 2010, the UK government Enforcement reformed and combined anti-discrimination legislation The Equality and Human Rights Commission plays a strate- into one single act for nine “protected characteristics”: gic role in enforcing the Act. Disappointingly, it will see its disability, age, gender reassignment, sex, sexual ori- budget halved because of government spending cuts. entation, race, religion or belief, marriage and civil partnerships, as well as pregnancy and maternity. Its Law-making history comprehensiveness derives not only from the range of The Disability Discrimination Act 1995 (DDA) was the protected groups, but also from the areas covered passed reluctantly by the government in an attempt to by the Act, which include nearly all the functions of meet the demands of the disability movement. The DDA public authorities and the private sector. Its overall ob- introduced measures aimed at ending the discrimina- jective is to eliminate discrimination, to increase tion which many disabled persons face in their everyday equality of opportunity, and to build good relations. It lives. The Act addressed the problems of discrimination clearly states that the failure to comply with the rea- against disabled persons in employment, the provision sonable adjustment duty constitutes unlawful discrimi- of goods and services, and in the disposal and manage- nation. Particularly in the non-employment context, ment of premises and land, outlining three specific two promising tools for tackling discrimination can be types of discrimination: failure to make reasonable ad- found: the public sector equality duties, and the antici- justments, disability-related discrimination and victimi- patory reasonable adjustment duty. This last appears sation. The government established the Disability to have inspired the European Commission to include a Rights Commission in 1999 (now the Equality and Hu- similar anticipatory duty in its draft of the Goods and man Rights Commission) in order to review the Act. It Services Directive. approved the Special Educational Needs and Disability Act 2001, and the Disability Discrimination Act (Amend- General principles of the law ment) Regulations 2003, which introduced protection Principle of equity against direct discrimination into the DDA. The DDA The law established the right to equality and reframed 2005 made important changes to the scope of the origi- how disability is seen, linking it to the concept of au- nal legislation, including the creation of a legal duty for tonomy and increased opportunities for disabled peo- public authorities actively to promote disability equality, ple to participate in society. known as the Disability Equality Duty. It placed duties on those who provide services, education and employ- Protecting against discrimination ment and encouraged employers to identify what ad- It provides for a basic framework of protection against justments and support might be needed by disabled direct and indirect discrimination, harassment and vic- persons. On 1 October 2010 the Equality Act came into timisation, and the failure to accommodate. force and replaced the whole of the DDA of 1995, ex- cept in so far as it applies to Northern Ireland. Principle of public participation The public sector equality duty requires public authori- Key features ties to have due regard to advance equality, and to The Equality Act 2010 protects persons having a physi- consult with disabled persons organisations. cal or mental impairment which has a substantial and
158_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”The Equality Act 2010 in many, but by no means all, respects is a strong equality law for disabled people. There are other developments in UK disability policy, however, which are deeply troubling.”
Anna Lawson, Associate Professor, School of Law, University of Leeds
long-term adverse effect on the ability to perform nor- Key figures mal day-to-day activities. • In 2010, the Equality and Human Rights Commission The Act, firstly, prohibits discrimination and, secondly, took 50,000 calls to its helpline (also threatened by applies an individualised definition of discrimination in spending cuts) each of the areas covered, including services and public • From 2006 to 2008, employment tribunals accepted functions, premises, work, education and associations. 20,893 employment-related discrimination claims, of In addition, the failure to comply with the reasonable which 44 percent were settled. adjustment duty constitutes discrimination. The re- • Since 2007, the Equalities Mediation Service has quirements of the duty are to remove substantial dis- dealt with hundreds of discrimination cases in the advantage to which a disabled person would otherwise provision of goods and services, employment and be exposed, by: altering provisions, criteria or prac- education, and, in 80 percent of them, reached full tices; altering, removing or circumventing physical agreement. features; and, providing auxiliary aids and services. • With regard to the general equality duty, there is an Outside the contexts of employment and housing, all increasing number of successful cases and about duty-bearers must anticipate any potential disadvan- 100-200 settlements per year. tage and take reasonable steps to remove it. The law expands also the equality duties to all pro- Future development tected characteristics by introducing a single public sec- Most importantly, the definition of disability, with its tor equality duty consisting of a general duty and the requirement that impairment have substantial and specific duties, and applying to almost all public bodies. long-term effects, needs reform in order to comply with the UN CRPD, Article 1.
Further information and reading Updated information about non-discrimination legislation in the UK is provided by the European network of legal experts in the non-discrimination field: www.non-discrimination.net/countries/united-kingdom
Contact details Prof Anna Lawson, School of Law, University of Leeds, Leeds LS2 9JT, United Kingdom Phone: +44 113-3435054, Email: [email protected] URL: http://www.leeds.ac.uk/disability-studies/ Mr Neil Crowther, Equality and human rights consultant, Neil Crowther Consulting Phone: +44 (0) 7876 797656, Email: [email protected] URL: http://www.neilcrowtherconsulting.com/ Ms Caroline Gooding, Equality consultant and researcher Phone: +44 (0) 207 249 4601, Email: [email protected] Mr Colm O’Cinneide, Reader in Laws, University College London Phone: +44 20-7679 1420 | Internal: x21420, Email: c.o'[email protected]
ZERO REPORT 2012_____159 GOOD POLICY EXAMPLES – SPECIAL LAWS
Advancing Supported Decision-Making British Columbia, Canada
In many countries around the world persons with disabilities are deprived of the right to make their own choices. British Columbia has led the way in the recognition of the right to support in personal decision-making.
In the development and implementation of British Co- is granted vis-à-vis third parties, such as banks or lumbia’s Representation Agreement Act of 1996, disabil- medical professionals. ity organisations played a major role. Echoing this his- tory, the law’s flexible definition of capability is one of its Accessibility main strengths, since it recognises trust as one of the Entering into a representation agreement is not com- defining features of support relationships and shifts the plicated. It is accessible for any person with a disabil- burden of proof for incapability to others. The legislation ity in that it is simple, inexpensive, flexible and re- allows for the creation of personal planning tools known sponsive to a variety of needs. as representation agreements, which enable adults to appoint someone “to help the adult make decisions or to Law-making history make decisions on behalf of the adult”. These planning The law-making process of the Representation Agree- tools are progressive in that, unlike most personal plan- ment Act is unique, since it came out of the commu- ning tools, they permit the appointment of an individ- nity. At hundreds of forums, workshops and roundta- ual(s) to help an adult make decisions. The law allows bles, people spoke about the exercise of human rights, for support on deciding personal care, health care and, reviewed guardianship laws in British Columbia and most importantly, on routine financial management. produced a position paper “How Can We Help”. Based on this paper, a Joint Working Committee of community General principles of the law and government drafted the Representation Agreement Respect for personal autonomy Act, together with three other Acts, which all were A representation agreement is of extreme importance passed unanimously in 1993. In the same year a Com- in preventing persons from being forced into guardian- munity Coalition for the Implementation of Adult ship and in ensuring that individual beliefs, values and Guardianship Reform was formed. Its purpose was to wishes are paramount. ensure that representation agreements would work for those most affected and vulnerable to adult guardian- Presumption of capability ship. It produced a Legislative Subcommittee Report Until the contrary is demonstrated, every adult is pre- which led to a review of the implementation of the Act. sumed to be capable. The way in which a person com- After a series of complex negotiations between the municates is not grounds for deciding that an individ- community and government, the law was proclaimed in ual is incapable. 1999, coming into full effect in February 2000. Some years later, the Act’s provisions inspired the drafting Interrelationship process of the UN CRPD Article 12, which calls for leg- The law acknowledges that the defining feature of hu- islation that ensures all adults receive support with de- man relationships is one of trust, rather than that of cision-making without the need to restrict the rights of care-giving or dependence. persons with disabilities. At present the Representation Agreement Act, integrated with provisions from similar Legal recognition of support legislation of Yukon and Manitoba, is being used to Representatives providing support with decision-mak- craft new supported decision-making legislation in the ing can be one or more adults to whom legal standing Canadian provinces of Newfoundland and Labrador.
160_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”The Representation Agreement Act enshrines new ways of understanding capability; it allows most importantly all adults to authorise personal supporters to assist them with decision-making as needed.”
Joanne Taylor, Executive Director of Nidus
Key features Key figures The Representation Agreement Act was enacted in 1993 Representation Agreements are praised by the disability and entered finally into force in 2000, despite some initial community as highly successful in providing legal recogni- opposition by the government and the legal community. tion of supported decision-making. The non-profit organi- sation Nidus provides a centre for excellence in Good Provisions of the law include: Practice with personal planning and supported decision- • Every adult is presumed to be capable and may make making and operates a centralised registry with some a representation agreement. Any challenge to capa- 5,000 records, of which the majority are representation bility must consider all of the relevant factors and the agreements. Representation agreements are used by per- law provides examples of various ways of knowing; sons with disabilities, seniors, but often also by young • Representation agreements allow for the appoint- people. They significantly prevent guardianship and are ment of an individual(s) to help an adult make deci- the reason why the number of private guardianships has sions, most importantly about the routine manage- remained fairly stable during the last years. ment of her or his financial affairs; • Representatives have a duty to act honestly and Future development consult with the adult to determine his or her cur- It is very encouraging that, from 2011, lawyers, notaries rent wishes; and, and health authorities will start to promote the Act as • Monitors are established as safeguards and the Public well as the registry. However, to register one’s represen- Guardian and Trustee has the power to apply to court. tation agreement remains, basically, voluntary and the registry operated by Nidus receives no public funding. In the future, it will be important to support the registry as well as the training of monitors financially.
Further information and reading John L. McKnight, “Regenerating Community”, Social Policy, Winter, 1987. Nidus Personal Planning Resource Centre and Registry, “Experiences of adults living with FASD and their personal supporters in making and using Representation Agreements, http://www.nidus.ca/PDFs/Nidus_Research_RA_FASD_Project.pdf and “A Study of Personal Planning in BC: Representation Agreements with Standard Powers”, http://www.nidus.ca/PDFs/Nidus_Research_RA7_InAction.pdf David Schwartz, “Crossing the River: Creating a Conceptual Revolution in Disability and Community”, Brookline Books, 1992.
Contact details Ms Joanne Taylor, Executive Director Nidus Personal Planning Resource Centre and Registry 411 Dunsmuir Street, Vancouver, BC V6B 1X4, Canada Phone: +1 604 408-7414 Email: [email protected], URL: www.nidus.ca
ZERO REPORT 2012_____161 GOOD POLICY EXAMPLES – SPECIAL LAWS
Universal Access to Justice Israel
Many justice systems around the world are not accessible to persons with mental, intellectual or communication disabilities, as investigative and judicial procedures are not adapted to meet their needs. In Israel the situation is different.
The Israeli Investigation and Testimony Procedures Law Law-making history of 2005 provides accommodations for persons with In 1995 Bizchut – The Israeli Human Rights Center for cognitive and mental disabilities whose impairment af- People with Disabilities – turned to the Israeli Ministry fects their capacity to be investigated or to submit tes- of Justice presenting, in a basic report entitled “People timony. It pertains to a number of severe offences, with Cognitive and Mental Disabilities as Victims of Vi- whether the person is a perpetrator, a suspect, a victim olence and Sexual Crimes”, the range of difficulties or a witness to a crime. Central to its objectives is a and obstacles that persons with disabilities face when professional who is trained to investigate persons with interacting with the legal system. Based on this report, intellectual disabilities, a so-called Special Investigator. and the work of several Government Departments, In addition, it establishes several adaptations to the draft legislation was prepared by an Interministerial testimony given in court, including an exemption from Committee headed by the deputy Attorney General cross-examination by the defendant when a person Yehudit (Judith) Karp. The draft served as a basis for with an intellectual disability is testifying as a witness the second Committee for Criminal Law Procedures, to the alleged crime. Adequate accommodations prove headed by Supreme Court Justice Eliahu Mazza. crucial during adjudication and provide for deterrence Due to the extremely slow progress made (in 2002 it against the abuse of disabled persons which often oc- existed only a memorandum), Bizchut initiated a proj- curs in institutions, or far from the public eye. ect in the spirit of the draft law. The project was or- ganised around two strategies: General principles of the law • Making the actual proceedings accessible: Bizchut Principle of equity professionals provided assistance in cases involving The majority of the persons benefiting from the law’s individual victims and offenders with disabilities, provisions are victims of crimes. Often they come from both during police investigations and the process of the poorer and more neglected parts of society, such giving testimony in court. as disabled women living in institutions subject to sex- • Bringing about structural changes in law enforce- ual assaults. ment frameworks: Bizchut staff gave hands-on train- ing in awareness raising workshops and lectures to Right to due process for all the police, state prosecutors, legal aid attorneys, Now disabled persons can testify in the courts. A right judges and organisations assisting victims of crime. that was, previously, practically denied. The law pro- vides for a balanced victim-offender relationship, even Cases that would once have been closed before indict- in cases when a defendant is denied cross-examination ment due to non-credible testimony were now brought of a person with disability. to court and in some instances led to the conviction of offenders. Principle of interrelationship The law provides for guidance for all persons involved Key features in the law enforcement framework such as the police, The Investigation and Testimony Procedural Act was fi- state prosecutors, public defenders, judges, legal aid nally enacted by the Israeli parliament, the Knesset, in attorneys and assisting organisations. 2005 and entered into force one year later.
162_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”The Law enables people with disabilities to be active and equal partners, accessing the Criminal Justice System, seeking the truth.”
Esther Sivan, Executive Director, Bizchut
Adaptations provided for under the law include: the cases recorded – 78 percent – constituted victims • Interrogations performed by a professional of crime. Cases were brought to court which before- (psychologist, social worker, special education hand would have been dismissed. The importance of professional) specially trained in how to communi- the law’s provisions on adequate accommodations for cate with persons with disabilities, vested with persons with mental and cognitive disabilities is, there- powers of police investigators fore, hard to underestimate. • Right to be accompanied during interrogation and its Parallel to the enactment of the law in Israel, Bizchut documentation – The Israeli Human Rights Center for People with • Utilisation of experts to advise the court on the type Disabilities engaged in defining the content and lan- of disability, its characteristics and possible guage of the UN CRPD Article 13 on access to justice. implications on the testimony Bizchut advised states, NGOs and professionals as to • Utilisation of special devices and alternative and promoting the idea of an accessible justice system augmentative communication, such as pictures and for all. communication boards • Giving testimony through closed circuit television or Future development behind closed doors, in the judge's chambers and Currently strong efforts are being made to expand the without official attire. staff trained in special investigations and, by the end of 2011, the government stated that almost 100 spe- Key figures cial investigators will be operating in Israel. In the fu- From 2007 to 2010, there were 2,400 requests for ture, it will be necessary to expand the Special Investi- special investigations. Almost 1,780 persons with intel- gator’s ability, in particular, to interrogate also persons lectual disabilities were interrogated. The majority of with mental disabilities.
Further information and reading Neta Ziv, Witnesses with Mental Disabilities: Accommodations and the Search for Truth — The Israeli Case, Disability Studies Quarterly Fall 2007, Volume 27, No.4. Available at www.dsq-sds.org/article/view/51/51 (accessed in 2011).
Contact details Ms Esther Sivan, Executive Director Bizchut – The Israeli Human Rights Center for Persons with Disabilities P.O.B. 35410, Jerusalem 91000, Israel Phone: +972 2 652-1308 Email: [email protected], URL: www.bizchut.org.il
ZERO REPORT 2012_____163 GOOD POLICY EXAMPLES – SPECIAL LAWS
The Right to Inclusive Education Italy
Investment in the human capital of disabled young people is still not an agenda priority for most countries in Europe. Italy is an important exception, where almost all segregated educational settings have been abolished.
The Italian Framework Law for the Assistance, Social operators of the social/health services, representatives Integration and the Rights of Disabled Persons of 1992 of parents and students prepare for the entry of the establishes the principles of inclusive education in Arti- disabled pupil into school. cles 12-16 and provides specific accommodations for university students with disabilities in Amendment No Law-making history 17 of 1999. Inclusive education means the develop- The general right to have access to school is set out ment of a person’s potential in learning, communica- in Article 34 of the Italian Constitution, which rules tion, socialising and in relationships, regardless of the that: “Schools are open to everyone”. In a period of type of disability. In Italy all-day nurseries, schools, political engagement and cultural renewal, Italy’s Act universities and any other education provider, includ- No 118 of 1971 established that disabled students ing private institutions, have the obligation to accept are to fulfil the obligation of compulsory education in pupils with disabilities, also those who are severely common schools, except for the most severe cases of disabled. All disabled children have the right to be sup- disability. Six years later, Act No 517 set out the ported in learning by a professional. Of particular im- principle that all disabled pupils from the age of 6 to portance to the law’s objectives is the combination of 14 years should be included, imposing on all class clinical diagnosis, dynamic profile and tailored educa- teachers an obligation to prepare an educational tion plan to determine the personal potential of the plan, supported by a specialised teacher for learning pupil, and the broad cross-sectoral participation and support, and ensuring that the State, local authori- cooperation of all stakeholders in working groups at ties and local health units draw up an administrative different levels. and financial plan. Administrative relations amongst the different services had to be governed by agree- General principles of the law ments. In 1987, the Italian Constitutional Court is- Principle of equity sued Decree No 215 which recognised the full uncon- The low income levels and poverty of disabled persons ditional right of all disabled pupils, even those with are related to their poor schooling. They can best be severe disabilities, also to attend secondary schools, countered by an inclusive education strategy, which is and imposing on all the authorities involved – school likely to enhance a persons participation in and contri- administrations, local authorities, local health units – bution to society. the duty to provide their services to support general inclusion in schools. Finally in 1992, the Framework Shaping human personality Law No 104 enshrined the entitlement of all students The idea of full inclusion is at the heart of the law. The with special needs to experience a full inclusive edu- scope of the education provided by schools should be cation. as wide as the range of people involved in providing that education. Key features The Italian Framework Law for the Assistance, Social Public participation Integration and the Rights of Disabled Persons was en- Working groups exist at different levels: in the schools, acted by the Italian parliament in 1992. Amongst its in the provinces and in the regions. Together, teachers, provisions are:
164_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”Inclusive education is elementary for the development of human personality. Italy has made enormous steps forward, but the many regulations in this regard deserve far more respect.”
Salvatore Nocera, Vice President, Italian Federation for Overcoming Handicaps
• the right to inclusive education of every child the help of over 90,000 specialised teachers for learn- with a disability ascertained by a doctor’s certificate, ing support and an additional 25,000 educators em- including those with learning disabilities ployed by the schools. Physical barriers in access to • the requirement that all day nurseries, schools, schools have been almost eliminated. An important universities and others, including private institutions, amendment of the law in 1999 concerned inclusive have to accept students with disabilities, including university settings. As a result, an impressive 12,400 those who are severely disabled disabled students had enrolled in Italian universities by • the coordination of all services, equipment of schools 2006, tripling within only six years. and universities, flexible timetabling and accommodations during exams Future development • the setup of a tailored educational plan, In light of Article 24 of the UN CRPD, the Italian pol- the formation of teachers, counselling and icy will need some further development, especially to working groups at various levels include also children with psychosocial problems in • the establishment of a National Commission on accordance with the International Classification of Inclusive Education. Functioning, Disability and Health (ICF, WHO 2001). It appears that the Autonomous Region of Trentino Key figures is a particular leader in reforming legislation in Italy is so far the only European country in which al- accordance with the ICF. As well, the current most all (99.6 percent) disabled pupils, out of a total class teachers will need to receive more training of 170,000 (in 2007-2008), were included in main- and the role of classmates needs to be stream schools. Inclusive education is achieved with enhanced.
Further information and reading Salvatore Nocera, The Body of Legislation on Inclusive Education of Disabled Persons in Italy: The history, the institutional aspects, and the applicable procedures, 2002: http://www.edscuola.it/archivio/handicap/inclusiva.html, European Agency for Development in Special Needs Education, http://www.european-agency.org/
Contact details Salvatore Nocera, Vice President, Italian Federation for Overcoming Handicaps Phone: +39 06 78 85 12 62 , Email: [email protected], URL: www.fishonlus.it Ms Leandra Negro, National Coordinator for Special Needs Education Ministry of Education, Universities and Research, Rome, Italy Email: [email protected], URL: www.istruzione.it Ms Rita Barbuto, President, DPI Italia Onlus – Disabled People's International Phone: +39 0968 463499, Email: [email protected], URL: www.dpitalia.org
ZERO REPORT 2012_____165 GOOD POLICY EXAMPLES – SPECIAL LAWS
Safeguarding Human Dignity Sweden
Guardianship, isolation, drug addiction, homelessness, suicide and violence: A Personal Ombudsman can help to prevent this and be a true change maker in the lives of many persons.
In 2000, Swedish Government Decision 2000-05 18 No Principle of public participation 16 established a nationwide system of Personal Om- Even during the establishment of the first PO pilot budsmen that provides support in decision-making for projects, organisations of ex-psychiatric users and sur- persons with severe mental or psychosocial disabilities. vivors, and of family members, were consulted and ac- Personal Ombudsmen (POs) are highly skilled persons tively involved. who do outreach work and establish, foremost, trusting relationships with individuals in need of support. They Law-making history assist individuals in taking control of their own situation, Sweden decided, with its psychiatric reforms in 1993, identify care needs and ensure that they receive the to set up an innovative programme of personal necessary help. POs have no medical responsibility, nor agents (POs). The PO scheme has drawn on case do they make any decisions in the capacity of an author- manager models found in the USA and the UK. How- ity; they work only to represent the individual. The ever, even if similar to some extent, it also differs framework in which the PO works may vary: usually, considerably from these models. From 1995 to 1998, one municipality functions as the principal and has oper- in order to find the arrangement most appropriate for ative responsibility. In some places, foundations, volun- Sweden, the government funded ten pilot projects, of tary associations, care associations or other coordinating which several were run by municipalities, some were bodies may have operative responsibility. At the interna- set up by civil society, and one, PO-Skåne, was set tional level, the PO system has proved crucial in con- up by an organisation of ex-users and survivors of vincing the delegations to the UN to opt for the wording psychiatry. In particular, the expertise and input of “supported decision-making” in the UN CRPD, Article 12. this last organisation was of invaluable worth for the further development of the Swedish PO system. As General principles of the law the pilot project evaluation showed both very good Empowerment qualitative and quantitative outcomes, the govern- A PO makes contact with persons living in complete ment decided in 2000 to expand the PO system to isolation and poverty who often have lost all their hope the whole country in order to establish permanent and dignity. With a PO they start to ask for help. operations. A report submitted to the government in 2005, pointed to positive trends as a result of the Accessibility work of POs – the scheme is profitable in socioeco- There is no complicated formal procedure to get a PO, nomic terms, individuals consume less care, their since many psychiatric patients would back out if they psychosocial situation has improved and their posi- had to sign forms. tion has been strengthened. As a result, the Swedish National Board of Health and Welfare has started to Peaceful resolution of conflict promote the PO as a new social profession. Prior to having a PO, many individuals are very angry about their social environment because of past bad ex- periences. POs help to solve most of the conflicts: con- flicts with the neighbours, with the family and with so- cial services.
166_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”The PO does not act according to what he thinks is for his client’s own good. He only carries out what his client tells him to.”
Maths Jesperson, Founder of PO-Skåne
Key features Key figures A PO supports individuals with a complex need of care • Support by a PO shows highly positive response who, because of their psychiatric disability, have a rates and reduces guardianship, isolation, drug ad- substantial and long-term social impairment. As many diction, homelessness, suicide and violence amongst individuals are very suspicious, the PO has to reach the individuals addressed. them step-by-step by: 1) making contact; 2) develop- • Calculations have shown that PO operations reduce ing communications; 3) establishing a relationship; 4) costs by approximately EUR 80,000 per assisted per- starting a dialogue; and 5) obtaining commissions. son over a five-year period. POs must support the individual in pursuing his or her • In 2010, 325 POs employed in over 100 businesses personal development. For this to succeed, the estab- provided support to more than 6,000 individuals lishment of a trusting relationship with the individual is throughout the country. crucial before the PO begins to work. This enables the • Recently, a personal support system was started by PO to be 100 percent on the side of the individual if Oslo and one currently operates in Helsinki. Cities the individual’s interests should run counter to the such as San Francisco, Vancouver, Sydney, Bu- opinions of other professionals. The role of the PO is dapest, Riga and Prague have similar plans. described as that of a “broker”, who has carefully to coordinate the activities for the individual in order to Future development avoid a confusion of responsibilities and tasks. In order Recently, several law proposals have sought to estab- to be best placed to make demands on public agencies lish the right to a PO at the national level. Disappoint- the PO needs a stand-alone position that is, therefore, ingly, none of them has been successful so far. A simi- independent of the municipality’s social services. lar Act would institute that right and allow individuals to appeal in court.
Further information and reading A New Profession is Born – Personligt Ombud, PO, Socialstyrelsen, 2008: http://www.personligtombud.se/publikationer/pdf/A%20New%20Proffession%20is%20Born.pdf Particular information about PO-Skåne – The Personal Ombudsman in Skåne is available in Essl Social Index 2010: http://www.esslsozialpreis.at/en/esslsocialindex/downloads/ and the first World Report on Disability 2011 of the World Health Organisation: http://www.who.int/disabilities/world_report/2011/en/index.html
Contact details Mr Maths Jesperson, Founder and Board Member, PO-Skåne, Box 1142, 22105 Lund, Sweden Phone: +46-706-151936 Email: [email protected] Ms Ann-Christine Engdahl Olesen, Director of PO-Skåne, Phone: +46 46 540-2060, Email: [email protected], URL: http://www.po-skane.org/
ZERO REPORT 2012_____167 GOOD POLICY EXAMPLES – SPECIAL LAWS
The Right to Living Independently Sweden
Many countries are still far from the goal of enabling persons with extensive disabilities to choose the support that best suits their needs. Sweden stands out in offering citizens a wide range of alternatives and control over the services they need to live independently in the community.
Sweden is one of the few countries which legally enti- Competition-neutral direct payments tle persons with extensive disabilities to cash pay- Payments for self-directed personal assistance serv- ments for the purchase of self-directed personal assis- ices go to the user, are based on the individual’s tance services. The Act Concerning Support and needs, not on the type of service provider, and have Service to Persons with Certain Functional Impair- created a market consisting of over one thousand ments (LSS) of 1993 sets out rights for persons with competing service providers, which, together, offer a considerable and permanent functional impairments to wide range of options, thereby improving quality ten measures for special support and service which of life. are to provide good living conditions. One of the measures constitutes the right to personal assistance Promoting equality in living conditions as regulated by the Assistance Benefit Act (LASS). Sweden’s citizens with extensive disabilities no longer Personal assistance has been described as ‘a revolu- need to live in institutions to receive services; they are tion’ and is considered the most important achieve- free to choose where and how to live. By designing ment of the disability reform. It enables eligible indi- their own individual solutions they can make plans and viduals to purchase personal assistance services from get closer to equality in living conditions and full par- public and private entities, including for-profit compa- ticipation in community life. nies, through a monthly sum from the National Social Insurance which covers 100 percent of the services’ Law-making history costs. Amounts are independent of the individual’s or The LSS and LASS were enacted by the Swedish Par- the family’s finances. The policy has created a de- liament in 1993 as part of a broader disability policy mand-driven market for personal assistance where reform. Previously, persons with extensive needs for providers compete for customers on the basis of serv- daily living activities were deeply dissatisfied with the ice quality. municipal community-based home helper or semi-in- stitutional cluster home services in which they had General principles of the laws no influence over who was to work, with which tasks Participation in the legislative process or at what time. Many different, often unfamiliar, The disability movement was the main force in bring- workers would come and go in the individual’s home ing the law about. In Sweden it is good political prac- and assist with even the most intimate tasks. Hardly tice to have a draft law scrutinised, commented on and any assistance was available outside the home for discussed by civil society organisations and other work, education, and leisure. The reform, inspired by stakeholders. the Independent Living philosophy, is to enable indi- viduals to customise services according to their par- Legal right ticular needs and lifestyle, with maximum of control The legislation established the special support meas- over everyday life. The need for personal assistance, ures, including personal assistance, as legal rights that however, grew faster than expected, and therefore are independent from state or local government the law and its interpretation have been scrutinised budgets. and amended many times.
168_____ZERO REPORT 2012 GOOD POLICY EXAMPLES
”Independent Living means having the same range of options and the same degree of self-determination that non-disabled people take for granted.”
Dr Adolf Ratzka, Founder and Co-Director of the Independent Living Institute
Key features Key figures The LSS and LASS grant special support to persons In 2009, over 60,200 persons received special sup- with major and permanent intellectual, physical or port. In particular, the right to personal assistance has mental functional impairments which cause them con- a tremendous impact on the personal security of dis- siderable difficulties in daily life. The legislation: abled persons. The system of cash payments turned • enshrines the right to “good” as opposed to basic liv- former objects of public care into customers and em- ing conditions through the provision of ten measures ployers creating a competitive market consisting of for special support; about 15,900 assistance users, 230 local governments • sets the foundations for a demand-driven and com- and over 1,100 private entities, the latter employing a petitive personal assistance market through pay- total of 60,000 (full-time equivalent) personal assis- ments that cover the total costs of services, that de- tants. It enables assistance users and their family pend on the individual’s needs, and that follow the members to return to work and provides jobs to peo- individual not the provider; ple who often would otherwise live on unemployment • promotes employment and mobility for the individual insurance. It has been estimated that taxpayers have and the family through payments which do not de- saved a minimum of SEK 29 billion since 1994, com- pend on the individual’s or the family’s economic sit- pared to the costs of local governments’ services. uation and which originate at the national level; and, • furthers maximum possible freedom of choice and Future development self-determination by enabling individuals to contract Persons who are blind and deaf-blind are not currently providers of their choice or to employ assistants by eligible. Individuals with cognitive disabilities seldom themselves. qualify. Also, recent restrictive court interpretations highlight the need for re-formulating the original intent of the Act.
Further information and reading The Implementation of Policies Supporting Independent Living for Disabled People in Europe: Synthesis Report, eds Prof. Linda Ward and Dr Ruth Townsley, University of Bristol, ANED 2009: http://www.disability-europe.net/theme/independent-living, Model National Personal Assistance Policy: http://www.independentliving.org/docs6/ratzka200410a.html
Contact details Dr Adolf Ratzka Founder and Co-Director, Independent Living Institute Arenavägen 63, 121 77 Stockholm-Johanneshov, Sweden Phone: +46-8-506 22 181 Email: [email protected], URL: www.independentliving.org
ZERO REPORT 2012_____169 Remarks International Austrian Federal Provinces
Overview of Weblinks Statistical Data Official Documents of the UN, OECD, EU and states Regarding the Questionnaire Regarding the Good Practice Examples Regarding the Good Policy Examples ANNEX
ANNEX ANNEX – COMMENTS & REMARKS
Explanations to International Indicators
Summary of the explanations given by the foundations and NGOs who filled in the questionnaire, plus explanations of the additional editing done by the Essl Foundation.
QUESTION 1 ITA: Italian laws and technical standards on accessibility of build- ALB: Legislation all kind of buildings, newly constructed and also ings: Decreto del Ministro dei lavori pubblici 14 giugno 1989, n. those under reconstruction have the duty to make them accessible. 236 “Prescrizioni tecniche necessarie a garantire l'accessibilità, l'a- Legislation covers some kinds of disabilities. However, the main is- dattabilità e la visitabilità degli edifici privati e di edilizia residen- sue remains the lack of implementation and often there are coordi- ziale pubblica, ai fini del superamento e dell'eliminazione delle bar- nation issues among the responsible actors. riere architettoniche.” (Technical requirements necessary to ensure ARG: The Law 24.314 provides the elimination of physical barriers accessibility, adaptability and visitability private buildings and pub- of all existing buildings and public spaces or under construction, lic housing, in order to overcome and the elimination of architec- however, only covers the conditions of accessibility for people with tural barriers. ") mobility disabilities wheelchair users. This is a Decree of the Ministry of Public Works about technical AUS: Current legislation only applies to new construction requirements and criteria for: BEL: In the Walloon Region, technical norms and directives regard- • every kind of residendial building owned by private or public ing accessibility are laid down in Articles 414 and 415 of the Code property Wallon de l'Aménagement du Territoire, de l'Urbanisme, du Patri- • buildings in private ownership but open to the public and moine et de l'Energie (CWATUPE). public use BIH: Physical disabilities/administration and university buildings • buildings for workplaces CAN: As a federated country there is more than one government level responsible for physical accessibility. Decreto del Presidente della Repubblica 24 luglio 1996, n. 503 “Re- Laws vary across the country but there are in place basic acces- golamento recante norme per l'eliminazione delle barriere architet- sibility requirements. toniche negli edifici, spazi e servizi pubblici.” (“Regulations for the CRO: Buildings generally have access to persons with physical dis- elimination of architectural barriers in buildings, spaces and public abilities but not for example "floor guides" for blind people or services.”) sound information in an elevator Decree of the President of the Republic about technical require- EST: As far as we know, one tries to build according to the needs ments and criteria for: of people with disability, but whether it is already required for older • buildings and public facilities buildings I don't know. Italian laws and technical standards on accessibility of buildings: FIN: Accessibility requirement is based on the Land Use and Build- Decreto del Ministro dei lavori pubblici 14 giugno 1989, n. 236 ing Act and Decree, which both came into force in 2000. “Prescrizioni tecniche necessarie a garantire l'accessibilità, l'adat- FRA: But technical exceptions will be made possible in the future tabilità e la visitabilità degli edifici privati e di edilizia residenziale in connection with the newly adopted law of june 28th, 2011 (de- pubblica, ai fini del superamento e dell'eliminazione delle bar- crete still awaited) riere architettoniche.” (Technical requirements necessary to en- GER: In principle yes, but the building regulations are the respon- sure accessibility, adaptability and visitability private buildings sibility of the federal states. and public housing, in order to overcome and the elimination of HUN: Not all old buildings are barrier-free, new buildings are only architectural barriers. ") accessible for people with walking disability (excl. visually and This is a Decree of the Ministry of Public Works about technical hearing impaired) requirements and criteria for: IRL: Section 25 of the Disability Act 2005 requires that the De- • every kind of residendial building owned by private or public partment to ensure that its public buildings are, as far as practica- property ble, made accessible to people with disabilities. However this is for • buildings in private ownership but open to the public and public public buildings and does not extend to private buildings. Ireland use has a range of other legislation such as the Equal Status Acts • buildings for workplaces 2000-2008 Employment Equality Act 1998-2008 and also the Decreto del Presidente della Repubblica 24 luglio 1996, n. 503 building regulations Act, all of which go some way to cover private “Regolamento recante norme per l'eliminazione delle barriere ar- buildings. chitettoniche negli edifici, spazi e servizi pubblici.” (“Regulations Part M of the Building Regulations (2000) entitled "Access for Peo- for the elimination of architectural barriers in buildings, spaces ple with Disabilities" deal with the accessibility of the built environ- and public services.”) ment in Ireland for people with disabilities. Part M seeks to ensure Decree of the President of the Republic about technical require- that as far as is reasonable and practicable, buildings should be us- ments and criteria for: able by people with disabilities. A Technical Guidance Document • buildings and public facilities for Part M is also provided and covers access and use, sanitary conveniences and audience and spectator facilities. MKD: Yes, there is a legislation, but newly constructed buildings The health and safety legislation also provides a framework that rarely are made with easy access for people with physical disability. requires premises to comply with minimum accessibility require- There are neither inspections nor strict standards that will force the ments. constructors to implement the legislation that is required by law.
172_____ZERO REPORT 2012 ANNEX – COMMENTS & REMARKS
MEX: The General Law for the Inclusion of Persons with Disabilities FIN: When building permission is needed for the major (GLIPD) -that entered into force on May 31st 2011- states that construction and repairement accessibility must be taken care people with disabilities are entitled to accessibility. Public buildings when possible. are subject to Art. 17 which provides that it is universal, compul- According to the Land use and building act (section 117.3) a sory and adapted for all people; including the use of signage and building must conform with its purpose and be capable of being re- guide dogs, among others. Art.18 states that new public and pri- paired, maintained and altered, and, in so far as its use requires, vate buildings must include considerations of accessibility in the ar- also be suitable for people whose capacity to move or function is chitecture. limited. ROM: The legislation concerning the security and encouragement FRA: Technical or architectural exceptions are possible. of the rights of persons with disabilities came into effect in 2007, HUN: There are laws, but the due date is changed all the time when Romania joined the European Union. The legislation includes IRL: The building regulations apply to construction of new build- a lot of international standardized assignments, all kinds of disabil- ings after 1st January 2001 and any extension work or renovations ities and barrier-free new buildings. carried out after this date. Certain parts of the regulations apply SRB: Legislation says that all new buildings should be accessible, to existing buildings where a material change of use takes place. but it is not always respected, and it relates mostly on persons Section 25 of the Disability Act 2005, which requires that the De- with physical disabilities. partment ensures that its public buildings are, as far as practica- SLO: Construction Act, Equalisation of Opportunities for Persons ble, made accessible to people with disabilities are required to do with Disabilities Act so not later 2015. ESP: The main problem is that the regulation of accessibility re- ISR: The time frame is by 2021 the latest mains unfulfilled very often. ITA: In general, when existing public buildings and buildings whith SWE: According to The Act on Technical Requirements for Con- public access undergo a process of renovation, restoration or main- struction Works (Lagen om tekniska egenskapskrav på byg- tenance, accessibility criteria are required. gnadsverk), new buildings and extensions must be made accessi- RKS: Law on Construction and Administrative Instruction on ble for persons with limited abilities of movement and orientation Technical Conditions of Construction buildings for acces for peo- capacity. ple with disabilities foresees and clearly explaines the access for The Planning and Building Act (Plan-och Bygglagen) lays down the Persons with Disabilities even though it is being respected only general rules for the physical environment. In built-up areas the partially. Whereas National Disability Action Plan of Kosovo 2009 environment must be adapted to suit persons with limited abilities - 2011 has foreseen many activities for improving the access for of movement and orientation capacity. persons with disabilities but they too has not yet been imple- • Many of the laws concerning accessibility relate only to mented (NATIONAL DISABILITY ACTION PLAN FOR PERSONS persons with limited mobility and orientation capacity. This WITH DISABILITIES OF THE REPUBLIC OF KOSOVO leaves out all those others in Sweden who are covered by the 2009-2011) convention. MKD: The disabled community in Macedonia is in a certain way • The current regulatory framework concerning accessibility in mad to the government in Macedonia for not taking any care buildings for persons with limited mobility and orientation capac- about this issue, because there is not much to do without the sup- ity is essentially good. The problem is that the rules are not port of the government. abided by. The perspective of accessibility and for persons with MNE: 2013 various disabilities, and universal design, is not systematically in NED: Already done. place from the first planning phase. POR: 2016 ROM: The European concept for accessibility is implemented in the TUR: There is legislation; however there is a lack of implementa- policy and the legislation to disability. There isn't a legal time tion of the laws. frame for all public buildings to be made accessible to those with UK: The UK has both building regulations that require new build- disabilities, as a law poses barrier-free as an general commitment. ings to be developed to a certain standard, and anti-discrimination The accessibility is based on a normative collection of rules, which legislation that requires 'reasonable adjustments' to be made to originate in derivated justice. ensure that any public services is accessible to disabled people. SRB: All buildings are included, but there is no time frame and it relates mainly to persons with physical disabilities and, occasion- QUESTION 2 ally, visual impairments. ARG: Law 24.314 complemented by the Law 22.431 established a SLO: Construction Act, Equalisation of Opportunities for Persons maximum period of 3 years from the date of entry into force with Disabilities Act (1994), however only considered the reforms necessary for acces- ESP: The schedule state in the Spanish legislation is: sibility of buildings and spaces for public use by people with mobil- • 1 January 2010 for new public spaces and new buildings, as well ity impaired wheelchair users. At the present time (2011) not all as for the extension works, modification, amendment or rehabili- the buildings and public spaces are accessible and are not set new tation carried out in existing buildings, and deadlines for the complete adequation. In the area of the City of • From the day January 1, 2019 for those public spaces and build- Buenos Aires have filed legal actions to debt in compliance with ings existing urbanized susceptible of reasonable accommodation this Law. AUS: I have not been able to confirm this but it appears legislation SWE: According to the previous national action plan for disability only applies to new buildings and new additions to old buildings issues (2000 – 2010) Sweden should have been accessible before AUT: according to the law BBGstG (Bundesbehindertengleichstel- 2010. According to the evaluation of the action plan, a lot off ef- lungsgesetz), governmental buildings and ministries have to com- forts has been taken, but still remains lot to do before public pelled publish plans in stages, then the time frame can be ex- places are accessible. the main problem is that the laws are not al- tended until 31.12.2019 (before 2015). For private stores, shops ways complied with. There are no new timeframe for when Sweden the time frame is 31.12.2015 will be accessible, but, in the new strategy for disability issues DNK: There is no legislation but building standards on accessibility (2012- 2016) the government is planning to take more efforts to exists. make Sweden more accessible. Since May 2012 the Planning and EST: There are several buildings in the bigger towns partly acces- Building Act has been strengthen. (The law contains an obligation sible. There are hardly any such facilities in the countryside. There to remove easily rectified obstacles in public places and on public might be the will for improvement, but there is no money. premises thus affording access for persons with limited abilities of (InvaInfo.ee) movement and orientation capacity.). Since may 2012 the act con-
ZERO REPORT 2012_____173 ANNEX – COMMENTS & REMARKS
tains new conditions for the municipal supervisory work. The MKD: There are no trainers that will train the drivers how to ap- Swedish disability movement thinks that much more efforts must proach the people with disability. The new buses are made with be taken and that neglect to take measures for accessibility stipu- special ramps for lifting the wheelchairs, but they are rarely used. lated in law must be judged as discrimination. MEX: Chapter V of the GLIPD states that the Secretariat of Public TUR: Until 2012 all the public buildings should be %100 accessi- Transport and Communications aims to "promote the right of peo- ble, however there is little improvement in that area ple with disabilities, without discrimination of any kind, access to UK: There is already legislation in the UK requiring all providers transport systems […]." This is done through establishing norms of goods and services to make reasonable adjustments (including and mechanisms. However, the reality in the Federal District is that to the physical accessibility of buildings and services) to ensure many public buses/metro cars are not accessible. Often escalators that any goods or services made available to the public are ac- to the metro may not be working and no elevator option is avail- cessible to disabled people. However the law does not require able. However, the new 'metro buses' do have ramps and accessi- specific standards to be met, it requires whatever can 'reason- ble entrances. Yet, one can infer that in areas outside of the Fed- ably' be done to be done to make a building accessible. This eral District such new models of transportation are not available could mean, for example, that if the costs of making a building and public transportation even less accessible. accessible were prohibitively high then that building could be left NED: 2011 inaccessible. POR: Some buses are not accessible to all those with disabilities ROM: There are legal commitments and time frames for the pur- QUESTION 3 chase of vehicles for disabled, but the parking spaces weren't re- ARG: Some few units of the total fleet of buses are accessible to placed, due to limited financial means. Up to now, no trainings wheelchairs. Neither are accessible for all types of wheelchairs or concerning persons with disabilities (for bus and car drivers) have adequately provided for people with other disabilities. Law 24,314 taken place. supplementing the Law 22.431 and established that from 01/03/04 SRB: Yes, with qualifications: There is a small number of accessi- all the transport providers should facilitate access for people with ble buses, but the public transportation company in Belgrade disabilities to a reasonable percentage of their units based on all adopted the policy that all new vehicles must be accessible. There the necessary adaptations. are also assistants in some buses that help people using wheel- AUS: This is dependant on State. Western Australia has very good chairs. PWD also can book/call for a public vehicle to get from one accessible transport in comparison to other States. place to another. AUT: All Viennese buses are "low-floor" buses; the problem is that SWE: There is no official statistics/information concerning accessi- only two wheelchairs can be accommodated and furthermore the ble buses. In Stockholm several measures have been taken in the entrance is only possible with the help of the bus driver; CW: Yes, buses but also on the bus stations. with qualifications, because the driver has no training. A national questionnaire concerning perceived accessibility to BEL: In 2010, the number of bus lines the Walloon Region transportation among persons who have suffered strokes, found equipped with a kneeling system, an access ramp and one or two that: IT was about twice as likely to have places for people with reduced mobility had reached 1002. This traveled by bus at some point (21%) compared to the other represented 57% of the vehicle park. modes. Far more (45%) than those who actually traveled stated BIH: They are accessible, but a person depends on drivers' mood that they had a possible need to travel by bus. or knowledge to lower the bus Travel by bus was heavily dependent on property type size. The BGR: all buses and 31 city high speed railway lines are accessible trawling was the most common among those living in large cities. for persons with disabilities, in other Lines, there are only a certain Among those who have not traveled but still had a probable need / number of buses accessible for persons with disabilities. desire to travel, said most of the barriers were physical in nature. CAN: There are jurisdictional issues with this question. Public Problems to go to and from the bus and problems to board and transit, including in the State capital, is operated by the municipal disembark. The shares were higher for bus (84-88%) than for government. other modes. Cognitive barriers to travel, such as problems to CRO: Still some buses are not accessible to people with disabili- book, pay, finding and orientation of the terminal / station / bus ties, drivers are not trained, they have got just "recommendation" stop, was also common. Such barriers cited by 35-40% on the bus to help; also, even most of buses are accessible, bus stops misfits ride. Among those who traveled by bus and who reported experi- sometimes; only new buses and trams have "sound information for ences of the last trip were physical difficulties dominant. The most blind people; difficult was it to move around on board, but also difficulties to EST: Wheelchair users don't dare yet, to use public transport, al- board and disembark were common. Lower proportions had expe- though some buses and some trams are made accessible. The rienced difficulties in moving on terminals / stops or difficulty of buses and trams which can take in wheelchairs are marked on the cognitive nature. It was common among bus passengers than timetable. There is no possibility for public transport for people among fellow travelers that they experienced difficulties with the with handicap in the countryside. Mentally handicapped people payment (or reservation). The right to access to public transport have to pay full price in public transport. for persons with disabilities is laid down in the Special Transport FIN: In Helsinki almost all buses are accessible. More training Act (Lagen om handikappanpassad kollektivtrafik) and in a subse- about accessible issues is needed for the bus drivers. quent Regulation, the latter more explicit in how accessibility FRA: 70% of bus stops in the State's capital are accessible. should be achieved. Section 2 of the Regulation states that adjust- HUN: Once in an hour a barrier-free (which will be announced on ments are made how and when it is judged reasonable to those boards) bus will pick up passengers. using transport. IRL: According to Dublin 88% of the Dublin Bus fleet is low floor SUI: Most of the buses and trams in the city of Bern are accessible wheelchair accessible and it is expected that the total fleet will be to persons with disabilities. accessible by 2012. 70% of all Dublin Bus routes are accessible, TUR: The new buses are accessible but the old buses are not while 40% of Dublin Bus stops have been installed with low floor UK: Buses in London are all now 'accessible' although there is a wide accessible kerbing. All drivers are trained in disability awareness. variation in levels of accessibility across the whole country. There are ISR: Only the buses within the city - any city- are accessible, also still some reports of accessibility being let down by a lack of whereas intra city buses are not. training or, for example, ramps up to buses not being operable. ITA: Some buses, tramways, subways (mostly the newest ones) are accessible to all disabilities and the drivers are trained. How- QUESTION 4 ever examples oh this 'best practice' have been implemented in ARG: Early warning systems for emergencies is decentralised to other cities (e.g.: public boats in Venice) than in the state's capital the Provinces and the City of Buenos Aires in the national civil
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protection system the public information is not explicit regarding CRO: Partial guardianship is regulated by the Family Law the incorporation of universal accessibility specific actions from FIN: Guardianship Services Act 1999 section 14:The appointment needs of all people with all kinds of disabilities. of a guardian shall not disqualify the ward/client from self adminis- AUS: Australia can almost tick the Yes as the system is multi di- tering his/her property or entering into transactions, unless other- mensional but I cannot find evidence to show it is available in easy wise provided elsewhere in the law. In future supported decision- read format etc. The warning systems are available by siren, SMS, making system should be developed. radio, TV, Media and community consolations. Sign interpreters GER: Exception: State psychiatric hospital laws that enable invol- used most times. untary admissions by means of police support. AUT: There is no nationwide concept for hearing-impaired people IRL: Ireland operates an antiquated system of ward ship under the BEL: The internal Service Public Fédéral (SPF) has been collaborat- Regulation of Lunacy Act 1871. The shortcomings with the current ing for over a year with the Fédération Francophone des Sourds de system are many and do not provide for supported decision-mak- Belgique" (FFSB), la "Federatie van Dovenorganisaties" (FEVLADO) ing in any way. The Government is currently preparing a Bill on le- and TELECONTACT to develop a project known as ‘Crisis Alert by gal capacity and the responsible government committee recently text’. The alert system that this provokes will be gradually imple- called for submissions on the published Scheme of the Bill. The mented during the last quarter of 2011. Scheme of the Bill as is currently stands adopts a functional ap- BIH: UN agencies are advocating for this proach to legal capacity based on guardianship, while it refers to CRO: There is unique warning system but not accessible for people "supported decision-making" it lacks detail on the supports. with hearing disabilities (serene alarm). MKD: The law for children and for law for social security clearly DNK: SMS-services are available. Persons have to register for it regulates this issue, but there is no network for support (no justice themselves. This exists alongside with radio and serene warnings. access). FIN: There are no SMS- warning systems or services for persons MEX: Mexico’s law on guardianship and legal capacity falls well with hearing disabilities. There have been some unofficial plans for short of the requirements of international human rights law. In SMS-warning system to be achieved by 2015. practice protections afforded under Mexican law are routinely ig- IRL: The government committee charged with planning for a na- nored for people detained in institutions. Whether a person is tional emergency has indicated they will keep people informed technically admitted as a “voluntary” or “involuntary” patient, through TV and radio announcements. As such, IF the TV an- placement in an institution in Mexico, for the vast majority of indi- nouncements were subtitled...they would be accessible to most viduals, carries with it a total loss of rights guaranteed under arti- people with hearing loss who had access to a TV. cle 12 of the CRPD. (DRI, Abandoned and Disappeared, s.VI (G)). ITA: The Civil Defense is trying to implement empowered meas- The GLIPD does not expand on guardianship, thus, state laws ap- ures to alert and assist people with motor, cognitive and sensorial ply. According to a report by Disability Rights International (Aban- disabilities in case of national emergency. doned and Disappeared, 2010) the laws and regulations through- http://www.protezionecivile.gov.it/ out Mexico contain “broad and discriminatory language” that aims MKD: There is no law legislation or prescribed standards that reg- at limiting legal capacity. Under the Federal District law, guardians ulate this issue. may be appointed for minors or for people who are deemed “per- MEX: The GLIPD does not mention an early warning system. sonally incapable”.(Citing Rehabilitation International et al., Legal POR: The early warning system is accessible only to certain dis- Capacity and Guardianship of Persons with Disabilities in Mex- abilities ico,2010, at 21). In most cases, according to the study by Rehabil- SRB: Not sure about this, but warning systems are usually both itation International et al., an interdiction trial only occurs after a sound and visual in public buildings, but in apartments I am not guardian has already been appointed and when the person with a aware that visual signalisation is available. disability objects to the appointment of the guardian (Rehabilita- ESP: The Spanish legislation about situations of risk and humani- tion International et al., at 21). Thus, the appointment of a tarian emergencies should be reviewed in light of the Convention guardian and the subsequent denial of legal rights require almost in order to establish protocols of action to care for people with dis- no procedural due process until after the fact.(DRI, Abandoned and abilities. Disappeared, s.VI (G)). Under most state laws, “the Guardian must SUI: But a solution is still being developed. request permission to the applicable Judge to carry out certain le- UK: This is covered in legislation. gal acts, but the will of the person with disabilities in question is not consulted or requested at any time". When a person is placed QUESTION 5 under guardianship in most Mexican states, “all legal acts carried ALB: The Civil and Family Codes has the option of guardianship, out by persons with disabilities under guardianship are null and both partial and plenary. The guardianship can be established only void” and “all legal decisions must be adopted by the by court' decision. Guardian.”(DRI, Abandoned and Disappeared, s.VI (G) citing Reha- ARG: Law 26.657 introduced changes to the Civil Code on civil in- bilitation Internationalet al., at 15) Once a person is detained in a terdiction and incapacitation and the role and functions of the cu- psychiatric facility or other institution, it was found that this entails rator (legal name for person who executes the guardianship), now a nearly total denial of rights to make any other choices – about the judgments of insanity should have a maximum time limit of 3 medical care or about any of the other basic activities of daily liv- years and are limited legal acts must be specified. There are still ing. Patients complained that they were locked in and unable to substantial ties to the Civil Code and other regulations with the leave – whether or not they were deemed “voluntary” or had gone protective model, but the intertwining of policy and judiciary deci- through any form of legal process in being detained. Once in the sions, bring the role of the final curator to a guarantor of freedom institution, people also complained that they are not allowed to of choice. choose when to get up and out of bed, when to eat, or what to do AUS: Guardianship & Administration Board are responsible. with their day. People are not given choices with regard to medical http://www.agac.org.au/ or psychiatric treatment. In the vast majority of cases, it seems BEL: There are mechanisms in Belgium whose objective is to sup- never to have occurred to either patients or mental health care port the rights of handicapped people. In function of the mecha- providers to inform or ask the patients themselves about treat- nism adopted, a handicapped person can either be represented or ment decisions. (DRI, Abandoned and Disappeared, s.VI (G)). In assisted. practice, the ability of authorities to make any decision about a pa- CAN: Legal Capacity is seen as Provincial/Territorial jurisdiction. tient’s life is based on the perception and the reality that medical Laws vary from province to province to territory. The answers pro- and psychiatric authorities can determine that anyone in the facil- vided here are based on generalities. There could be exceptions to ity is incompetent and lacks the legal right to choices. (DRI, Aban- the rule. doned and Disappeared, s.VI (G)).
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POR: Partial guardianship is possible in certain circumstances de- IRL: Ireland does not recognize ISL (Irish Sign Language) as an termined by law. official language. However, under the Disability Act, public facilities SRB: The law provides it, both temporary and partial, but it is should be accessible (unless impracticable), and public service rarely used and plenary guardianship is dominant. providers must make a ‘reasonable accommodation’ to make public ESP: Article 12 calls for a protection system based on supporting services accessible. In practice, this means that courts do pay for decision-making, whereby you could not replace people with dis- interpreters when requested to do so, (as to refuse to do so would abilities in exercising their rights, except in situations where the generally be seen to be unreasonable), but it is not an explicit communication was nonexistent, and preferably not based on the right. existence of a disability. The configuration of a new system should MKD: There is lack of standards and the language is interpreted ensure the support over the existing capacities of the people with differently. disabilities. In some ethnic communities, if there is a person with disabilities, SWE: The provisions in the Children’s and Parents Code, concern- the family is ashamed of him and they are trying to hide him, be- ing administrators and trustees, give a person in need of support cause of the "shame" from the community in order to exercise his or her legal capacity, satisfactory support MEX: Art. 29 of the GLIPD states that "[..] administration and and protection. According to the act an administrator shall accom- teaching of justice will have experts specialised in the diverse dis- modate the needs of the individual in every special instance. There abilities, including Mexican Sign Language." It is not clear whether are however difficulties in connection with the current system of it is the state who pays for the experts and if it is a requirement in administrators. It tends to become more or less “permanent”. This every situation where one who needs access to justice has a hear- applies especially to those with learning disabilities. Before a per- ing impairment. Specific provisions regarding sign language in the son can be allotted an administrator a medical report is required. courts is not provided for in the Federal District Civil Code of Proce- Once such a report has been written it is difficult to revoke the ad- dure, and it has not yet been declared a constitutional issue. Thus, ministrator as learning difficulties, from a medical point of view, do while it may be recognised this is not to say that in all circum- not get better. Because of a medical report, a person with intellec- stances where it is needed for the proper access to justice it will be tual disabilities risks having an administrator longer than neces- made available. sary. In real life this means that persons cannot enjoy their legal ROM: The sign language is official accepted in court, but the trans- capacity as prescribed in the convention. lator will not be paid from the state. SUI: Today under the term “guardianship” (Art. 392 ff. of the SRB: At this moment there is not such legislation. But, govern- Swiss Civil Code). In the new Law on the Protection of Adults ment is announcing new law on sign language which would guar- guardianship will also enable a partial or selective restriction of le- antee the free translation in all public buildings - hospitals, courts, gal capacity, also with legal representation. administration. UK: The Mental Capacity Act provides the legal basis for issues in RSA: Sign language is recognised in the constitution as an official this area, although it is not completely clear as to exactly how the language and the constitution gives everyone the right to have sightly different definitions and processes in UK law match with In- court proceedings convened in a language they understand. ternational concepts of plenary and partial guardianship. SWE: The Administrative Court Procedure Act and The Code of Ju- dicial Procedure stipulate that an (sign language) interpreter QUESTION 6 should be used when needed. ALB: There are dispositions in the Penal Procedure for the sign SUI: Sign language is not recognised in the Federal Constitution as language; the right to have a sign language interpreter during the an official language. The prohibition of discrimination in Art. 8 Sec. penal process. However, this is not recognised officially and it's 2 of the Federal Constitution grants the individual the right to a omitted. sign language interpreter in official proceedings. ARG: Argentina has ratified the American Convention of Human TUR: Sign language is not official however there is a common lan- Rights and the Pact of Civil and Political Rights, both instruments guage that is accepted and some public authorities, courts, hospi- forming part of the constitutional block, both instruments recog- tals employ sign language translators or deliver those services nize the right of every person in accessing the judiciary to have a UK: Courts should provide sign language interpretation, although translator and / or interpreter paid by the State. there are still problems for jurors who require a sign language in- BEL: The regulations concerning sworn interpreters-translators in terpreter. judicial procedures foresee the use of sign language and Braille translations. Other regulations exist to cover, for instance, travel- QUESTION 7 ling expenses for the person accompanying the handicapped per- ARG: Law 24.901 (1997) and decree 1.193 (1998), establish that son. all persons with disabilities because of this and/or structural socio- BGR: sign language is officially approved, but the state doesn't economic conditions can not be self-support, are entitled to the full supports this service financially basic pension for concept of social security and welfare provided by CAN: I am not aware of sign language being recognised as an offi- the State. However, elements linked to the disarticulation of the cial language by our Federal courts but there is a right to have sign various institutions should manage these resources, as well as de- language interpretation provided. The state is responsible for cov- ficiencies in the design and implementation of public policies, cre- ering the costs associated with this accommodation. ate a strip of unprotected factual in this sense. FIN: The Constitution of Finland 1999: The rights of persons us- AUT: (1) There is no legal claim to almost every area, many types ing sign language and of persons in need of interpretation or of handicap are excluded (2) "federal equivalence law for handi- translation aid owing to disability shall be guaranteed by an Act. capped people"; In Criminal cases translator is paid for the state. Despite of Con- BEL: The Walloon Region offers a personal assistance budget stitution in Civil cases a party who does not speak Finnish, (PAB) to the handicapped person so as to enable him/her to con- Swedish or Sami and that wants interpretation or translations tinue to live in his usual surroundings, organize his/her daily life shall take care of this himself or herself at his or her own ex- and facilitate integration into normal family, social and professional pense, unless the court, with consideration to the nature of the life. This budget covers the cost of services provided by personal case, orders otherwise (Code of Judicial Procedure 1734,4§). If assistants. The conditions for a PAB being awarded are laid down the translator is not paid for by the state court translator/inter- in the Walloon Governmental Decree of 14 May 2009. In addition, preter could be paid on grouds of the Law of interpretation for the Decree of 14 May 2009 made by the Walloon Government fix- the persons with disabilities. ing the conditions and provisions for providing individual help for FRA: But the State doesn't pay for the intervention of a translator the integration of handicapped people foresees financial support in for an hearing impaired witness during an inquiry. the cost of refurbishing accommodation, for assistance products
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and the provision of certain services that enable handicapped peo- should promote the integration of people with disabilities. Like in ple to live as autonomous a life as possible. the previous Federal Law for Persons with Disabilities, however, BIH: those that have the disability assessed to 90 or 100% these provisions are merely a statement of public policy. This is CAN: The provision of supports and services is provided, in gen- not enforceable law (DRI s.VI (B) (3)). The GLIPD does not have eral, by Provincial and Territorial Governments. While Govern- any provision that creates community services. On the contrary, ments do provide direct support to people with disabilities, I’m not under article 4.V, the Ministry of Health has the duty to promote aware of an explicit law that mandates the provision of all the sup- the creation of long-term institutions for people with disabilities in port required. distress; and under article 6.III, the Ministry of Social Develop- CRO: Such finance is limited. The amount is not enough to cover ment will also promote the establishment of specialised institutions needs of the person. to “care,” “protect” and “house” people with disabilities in poverty, FIN: Disabled Services Act and other legislation are quite clear neglect or marginalisation. Furthermore, Art. 7 of the GLIPD (II) that necessary support should be provided to persons with disabili- aims to strengthen health centers and social assistance. However, ties. the objective of (v) of the same article is to create new institu- In practice the situation is not clear. Local municipalities have a lot tions. Instead of establishing new opportunities for community in- of different kind of law interpretations which are not promoting in- tegration, the new Law for Inclusion reinforces Mexico’s existing clusion. segregated system of care for people with disabilities (DRI s.VI (B) FRA: Such finance includes transport, home and technical assis- (3)). In conclusion, no Mexican law, including the Official Mental tance, but it doesn't cover the entire needs and is limited to severe Health Standard, creates a systemic mandate on states to create disabilities. community-based mental health services systems. Considering GER: Non-statutory regulations, rules of procedure and regulations the practical reality of an almost complete lack of community sup- interpreted as non-statutory result in a cap on the financing of port for people with disabilities, a preference for institutionalisation services. over community support is evident (DRI, Abandoned and Disap- IRL: The Disability Act 2005, provides for an independent needs peared, s.III (B)). Even the creation of health centers and social assessment which is undertaken to “determine, in respect of a per- assistance is not a mandatory right. Therefore, by not mandating son with a disability, the health and education needs (if any) occa- community services, the GLIPD does not appear to ameliorate the sioned by the disability and the health services or education serv- detrimental effects that DRI documented which were in large part ices (if any) required to meet those needs” The health service is due to the lack of community services. Furthermore, the Chief of further defined to be a personal social service. The independent Psychiatric Services for the Secretariat of Health within the Federal needs assessment must be applied for by person with a disability Government stated that only 2% of the federal health budget goes or by a specified person. Upon completion of the independent to mental health and less than 10% of people with mental health needs assessment, a service statement is drawn up. Provision of needs or other mental disabilities receive any form of treatment. services within this statement are conditional on resources. Despite the fact that Mexico’s strategic plan for mental health ISR: it's debated if finance is offered by law to all disabilities. At states that everyone in need of mental health treatment should re- any rate, for most part it is not direct finance, but rather finance of ceive such treatment in the community, in practice, the Chief of the living arrangements themselves. Money is paid directly to Psychiatric Services, says that there is no funding for community those who run them or general pensions, which can be used for services. (DRI, s.I). Some examples that highlight how institution- housing (but falls short always). alisation has been preferred over community services are taken ITA: All kinds of disabilities are legally entitled to receive financial from the DRI report. It found that thousands of people had aban- support. The amount is calculated on the base of both disability doned their family members in institutions for the disabled because level and personal income. they did not have the resources or community support to care for RKS: Law on Disability Pensions in Kosovo http://www.assembly- them. As well, the Pan American Health Organisation (PAHO) in kosova.org/common/docs/ligjet/2003_23_en.pdf 2004 found that supports people with disabilities need to live in the MKD: There is no legislation which is associated with the provision community are almost entirely absent, a finding supported by of any financial assistance DRI's report 6 years later. MEX: Mexico has three relevant laws that relate to the community In the report, DRI documented adults and children living in institu- integration of people with disabilities: (1) Ley General de Salud tions because they or their families could not afford medication or (Federal Health Law), (2) Ley General de las Personas con Dis- had no other means to acquire support. In one drastic example, a capacidad (Federal Law for Persons with Disabilities, entered into woman attempted to kill her daughter because she could not afford vigor May 31st, 2011), and (3) Norma Oficial Mexicana “NOM-025- to take care of her and her child’s needs. In theory, the social se- SSA2-1994” (Official Mental Health Standard). The first Federal curity system covers mental health care in the community, but Health Law states that the confinement of Persons with mental dis- family members report large gaps within this system as well. Some abilities in mental health facilities must be in accordance with the of these gaps include a lack of recognition of some mental disabili- ethic and social principle; however, the law does not establish a ties such as bipolar disorder and depression, including people with right to community integration or state that the purpose of rehabil- a high probability of suicide. For instance, if one loses ones job for itation should be community integration. depression, it is not recognised as a disability, and the President of The second, Norma Official Mexicana “NOM-025-SSA2-1994” is Voz Pro Salud–a group of nongovernmental associations of rela- most explicit because the mental health standard establishes that tives, users and professionals–,claimed that one of their members it is the responsibility of government to provide community-based had committed suicide while waiting for treatment, as there was services for people with disabilities. However, in the absence of a nothing in the community to help this person in the meantime (DRI mandate for services at the state or local level that would allow for Abandoned and Disappeared, s.III (B)).Thus, due to no explicit le- the implementation of Mexico’s mental health law, Mexico’s Official gal protection for community support, the non-inclusion of this Mental Health Standard is further limited by the fact that it cannot right in national policies and planning, and the practical reality of a be enforced at the individual level to protect an individual’s right to the political resistance to fund mental health services, the primary community integration. It is not associated with a right to a pack- reason for institutionalisation is Mexico’s lack of community-based age of actual services that would allow a person with a disability to services to provide the support necessary for individuals with men- exercise his or her right to live in the community. The GLIPD es- tal disabilities to live in the community (DRI, Abandoned and Dis- tablishes, in its article 4, that the Public Administration will estab- appeared, Executive Summary). lish measures against discrimination and will take affirmative ac- ROM: The financial support through the law is scarce (about 100|). tion to allow the integration of people with disabilities into the The participation to public live isn't enabled. The individual needs society. Article 6.IX states that the Federal Executive Branch of persons with disabilities concerning independent living aren't in-
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dentified in an evaluating system. There are only a few public serv- responsible for the finance support but there are some terms and ices available, which aren't diversified. conditions. SRB: Not all the people that should be entitled to such support ac- tually receive it. Even for those that do, these givings are very low QUESTION 8 and certainly not sufficient to support their living. ARG: With the approval of Law 26.657 established a differential in- RSA: In South Africa they is an inclusive disability grand encom- ternation admissions regime depending on whether voluntary or passing all disabled persons not gainfully employed. The funds are not, in the case of involuntary is activated a device approach that not adequate. includes the involvement of a lawyer for that case and the inter- SWE: There are (by law) a lot of finical supports, but there are vention of an independent review body of health institutions and also restrictions. For instance, the Act on Housing Adaptation the judiciary who will validate or not the prosecution of hospitalisa- Grants (SFS 1992:1574) states that individuals with a disabili- tion. ties, and who are permanent residents, are entitled to a housing AUS: Independent Visitors Scheme ensures people are made adaptation grant in order to adapt their home to their special aware of their rights. Visits may not always align with institutional needs. However, there are restrictions in the law concerning the stays. possibility of changing places of residence states that there must AUT: "the resident procuration" is a legal implemented, independ- be special reasons for the purchase or change of housing in order ent tool to ensure the rights of the residents to receive adaptation grants. The two main laws that regulate BEL: Audits conducted by services that are subsidized and author- the amount of support people are entitled to so that they can live ized by the Agence Wallonne pour l’Intégration des Personnes independently and be included in society are: 1) The Social Se- Handicapées (AWIPH) are developed on the basis of precise frames curity Act (Socialtjänstlagen, SOL) includes all people in society, of reference relating directly to the content of legislation applicable with or without disabilities. Benefits, as stipulated in SOL, are to the services and based on the principles of the UN Human given to sustain reasonable living conditions. Benefits are “suste- Rights Convention, on the UN Convention of the Rights of Persons nance support and benefits for life in general”. Municipalities use with Disabilities and the Walloon Decree of 6 April 1965. means-testing to establish a person's needs, such as cleaning, BIH: Centers for social Welfare have this mandate, but they are laundering, shopping, cooking or other personal services. Cost of overloaded with work and usually it takes too much time to fulfil a personal support is based on the individual's income. This means person's need/request that those who have no income may be supported without any CAN: Institutions that remain in Canada are operated by Provin- cost. The maximum amount of aid is approximately 80 cial/ Territorial Governments. Euros/month. 2) The Act Concerning Support and Service for CRO: Lately persons with disabilities are given choice as to Persons with Certain Functional Impairments “Lagen om stöd och whether to stay or to leave. It depends of legal capacity of the per- service till vissa funktionshindrade” , is aimed at people with ex- son with disability. tensive disabilities that cause significant difficulties in daily life, EST: But it depends on the degree of disability. thus creating the need for extensive support and service. The Act FIN: The Parliamentary Ombudsman of Finland carries out occa- offers ten different activities, among them support and advice, sional inspections at closed institutions. In practice persons with personal assistance, escort service and a contact person. If a disabilities have no freedom of choice. person covered by LSS needs personal assistance for more than FRA: Disabled persons are informed of their freedom to choose, 20 hours a week the, cost will be met by The Swedish Social In- but safeguards are very limited. The choice is limited, because the surance Agency (Försäkringskassan) instead of the municipality. finance to support social inclusion is not sufficient. The allowance is called assistance allowance in keeping with the GER: The question does not correlate to the answers and is conse- Act covering this field, LASS. The Act on Housing Adaptation quently unanswered. Grants (Lagen om bostadsanpassningsbidrag m m)states that in- HUN: It is controlled, but not on a regular basis - often not every dividuals with a disability, and who are permanent residents, are year. According to troubles not it is not checked every time. It hap- entitled to a housing adaptation grant in order to adapt their pens that "everything else" is checked during a financial control. home to their special needs. Persons with severe visual IRL: There is a move towards independent living and policy is impairment or hearing loss are guaranteed disability allow geared in this direction. However, there are no formal safeguards. ancerelated to added costs. Apart from this, there are no There are HIQUA standards but these are not enforced. See here: limitations due to the type of disability a person has. Individual http://www.hiqa.ie/system/files/National_Quality_Standards_Resi- assessments are made and decisions taken regarding a person's dential_Services_People_with_Disabilities.pdf. need of support and added costs. Another example is support for ISR: For the most part there is no real choice. if your placement is the use of a car. within an institution, you can perhaps leave, but an alternative in SUI: Parliament is currently debating the establishment of such the community will most probably not be offered. state-subsidized personal assistance. A pilot project for this is run- MKD: It's not possible to made am assessment to the situation. ning until the end of 2011. All information is available at There are two institutions that exist in Macedonia: Banja Bansko http://www.assistenzbudget.ch/Deutsch/Untermenu/ArtikelAll.asp? and the Institute for rehabilitation in Demir Kapija. The disabled all=all&ObjektArtNr=1 people with psychological disability have no right to chose where UK: There is support available for many people to support inde- they like to live. pendence and community living, but funding will not always be MEX: Under the Norma Oficial Mexicana 025, involuntary commit- sufficient to ensure genuine equality of opportunity. There are also ment requires only the written approval of a psychiatrist and a some specific planned changes to benefits and support that could family member or legal guardian. Law 025 does not require judicial have a significant impact on the support that some people receive oversight of the civil commitment process. There is no mechanism to remain independent. requiring any review of the initial commitment, and there is no Additional remarks: process for period review of commitment (DRI). Mexico's first offi- AUT: One NGO gave a “red” and the other “yellow”. Last year it cial report to the UN, para. 305: "In the case of people with dis- was decided to give a "red" light. Since there has been no change abilities subject to a internment, it is the tutor who will make deci- this year and there is no legislated entitlement a “red” light has sions." again been given. ROM: In general the hospitalisation or the approval to an institu- In all federal states exists individual models of support in the pri- tion is based on the agreement of the person concerned or a legal vate life. Since March 2011 the parliament decided that there must representative. There is the "social inspection", which is an institu- be a general solution/models/designs, which is the same for all tion of social control. The institutions are examined according to federal states. In the categories work and education the state is the standards of the operating and inspection report and are avail-
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able on www.inspectiasociala.ro. There is no information about QUESTION 9 how the right choice, concerning staying or leaving the institution, ALB: People with disabilities, who are incapable of understanding is made. the aim of marriage, according to the Family Code cannot enter SRB: Although such safeguards exist in legislation they are not im- into marriage. plemented in practice. Majority of people in institutions are under ARG: The constitutional block in Argentina does not differentiate plenary or temporary guardianship. In many cases, when they are based on disability discrimination; however there are still laws in not under guardianship, they are officially treated as voluntary various areas that support differential practices among people with clients although they have no real freedom of choice whether they disabilities and other people. Among the remaining discriminatory want to remain in institution or to receive some treatment or not. provisions are civil incapacitations as an impediment to marriage For more information see Disability Rights International report and to exercise parental authority over children. Other discrimina- from 2007, Serbian Helsinki Committee from 2009. Although these tory practices are related to the execution of administrative and/or reports date before 2010, our visits to institutions in 2010 and judicial protection of children that result in the separation of the 2011 proved that basic concerns were not addressed at all. family without running different support alternatives previously. SVK: There aren't enough institutions and they aren't supported in AUS: There are cases where this is challenged in courts: such a way that safeguards can be available for all persons in http://www.australianwomenonline.com/family-court-judge-or- need. Every person has the possibility to choose, but the market is ders-sterilisation-of-11-year-old-girl/ small and the capacities of the institutions are exhausted. The AUT: In 2011 a case in Upper-Austria arose, where a couple of vi- quality is no essential parameter for the federal financial support. sually impaired wasn't allowed to adopt an infant, as they both are There is a lack of motivation for the creation of better alternatives. handicapped. ESP: Issues such as forced institutionalisation or involuntary treat- BEL: Legislation regarding respect for the home and family is ment that restrict individual freedom should be reconsidered in based on the following three rules: light of the Convention. • Every person, whether disabled or not, has the right for his/her SWE: Sweden, we do not have institutions for persons with disabil- privacy to be respected (Article 22 of the Belgian Constitution). ities. People can only be deprived their freedom on liberty either if The right to marry and start a family is guaranteed by Article 12 they have committed a crime or within the compulsory care. Ac- of the European Convention of Human Rights. cording to the law on Psychiatric Compulsory Care, persons with • Article 1 of the Law of 26 June 1990 relating to the protection of severe psychiatric disorders can be deprived of their freedom and the person with a mental disability stipulates that « With the ex- taken into care. It must however be necessary with regard to a ception of the measures of protection foreseen by the present person’s psychiatric condition and personal circumstances and that law, the diagnosis and treatment of psychological conditions may he or she needs qualified psychiatric hospital care around the not in any way restrict personal freedom. » clock. For example a person’s life or health must be at risk or other • Persons in temporary care or under judicial control may marry. people’s security. The patient, him or herself, must be opposed to • A child may be recognised by a person declared to be incapable. this kind of care. In 2009, a new form was introduced to psychi- A minimum of discernment is required (Art. 328 of the Civil atric compulsory care – non-institutional compulsory care. The pre- Code). requisites for being admitted to psychiatric compulsory care have • Whilst they are living together, parents exercise joint authority not changed which means that compulsory care always starts in on the person of the child (Art. 373 of the Civil Code). hospital. The new form of care is designed to accommodate pa- • If one of the parents is unable to manifest his/her volition, the tients’ individual needs of care when they leave hospital. The head other will alone exercise this authority (Art. 375 of the Civil medical director makes the application when he or she considers Code). that a patient should be cared for in this manner. The general ad- ministrative court makes the decision. An application for non-insti- BIH: Persons with mental disabilities need acceptance/permission tutional compulsory care must include a comprehensive care plan, by the safe guardian detailing among other things the patient’s need of various activities BGR: According to the constitution, all persons have the same provided by social and healthcare services, and the county council rights (concerning marriage, raising and getting children). The or municipality or other unit that is responsible for the planned ac- code of family law enacts that if people suffer from a disease or tivities. A municipality decision concerning a patient’s needs must disability, which can be dangerous for the partner or the potential also be attached to the application. When applying for an exten- children, this could be an "absolute border" for the marriage --> sion of non-institutional psychiatric care a follow-up of the care ban on marriage. This ban can only be legally conquered, if the plan is needed. A similar form of care has been introduced into partner is informed about the disease/disability and nevertheless forensic psychiatric care. In the Swedish disability movements al- wants to marry him/her voluntarily. ternative report on civil and political rights, the importance of im- CAN: It has been our experience that while people with disabilities partiality and independence of judges presiding over cases con- have the same rights they do not have the same opportunities. cerning compulsory care is stressed. The research referred to, We hear frequent stories of women with intellectual disabilities who finds that it is very rare for a court to judge contrary to a doctor’s have their children removed from their care. There is a significant opinion. The researchers point out that a court often takes for gap between theory and practice on this issue. granted what it is there to form an opinion about, namely a pa- CRO: there rights to live like all other people depend on their legal tient’s mental illness. “It is a Moment 22 situation; if a patient ac- capacity, and even person with disabilities have legal capacity, of- cepts that she is ill, then she is ill, if she says the opposite it is in- ten is on influence (under pressure) of guardians or relatives when terpreted as a lack of insight into her condition”. More recent making choices; studies in this area are not available. DNK: Persons with disabilities are free to marry as they please. SUI: The persons concerned and those associated with them have Sterilisation by force is no more in use. It is an option to apply for the right to appeal official placement and the guardian’s decisions. being sterilised after a certain age for everybody - persons with With the new Law on the Protection of Adults institutions are re- and without disabilities alike. quired to inform the officials. EST: In principle they are allowed to marry and raise children, but UK: Any residential accommodation will be covered by regulatory in reality it looks different. frameworks. Lack of accessible housing can though sometimes cre- FIN: In some cases persons with disabilities do not have same ate barriers to genuine choice for all people about their accommo- rights for infertility treatment in public sector. It is almost impossi- dation. ble that persons with disabilities adopt a child. Additional remarks: FRA: Persons under a plenary guardianship can't get married AUT: Except psychiatric departments in hospitals. without the authorisation of the judge or the family. But if
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they've got children, they can keep their parental rights. Sterili- projects implemented by civil society, there is still a lot of invest- sation is forbidden, but there are exceptions. The judge has to ment needed in the area of capacity building, proper assessment validate the decision. and IEP. Infrastructure in terms of physical access, assistive tech- GER: In principle, persons with disabilities have the same rights, nology and teaching aids and materials, but the relevant assistance and support services as well as ade- ARG: The National Education Law 26.206 (2006) provides special quate financing for this are lacking. education as a subsystem of the general education system directed HUN: if the person with disability doesn't have a legal guardian, he to attention of the educational needs of people with disabilities of all has the same rights as everyone else. If he has a legal guardian, ages and all levels of education. In that sense, establishes that the the guardian decides competent authorities shall perform appropriate actions to ensure IRL: Free and informed consent is a key principle of existing mar- inclusive education at all levels and throughout life, but no recognize riage law in Ireland. However, there is a statutory restriction on the right to inclusion in the mainstream educational system. the right to marry for persons the subject of a ward ship order un- AUS: Although there are no legal barriers there are examples of der the Marriage of Lunatics Act 1811. The Marriage of Lunatics Act attitudinal and policy preventing people attending schools. 1811 renders void a marriage contract that is entered into by a http://www.abc.net.au/news/2010-03-22/students-with-disabili- person found to be a “lunatic” by inquisition. ties-denied-school-enrolment/374856 ITA: In same cases people with disabilities have difficulties in the AUT: the schools can decide if a school attendance is possible. Up adoption process, when they submit their application for parenting. to now, "Inclusive Schools" haven't existed in Austria. RKS: However, in practice in Kosovo, Persons with Disabilities are BEL: The Decree of 03 March 2004 of the French Community relat- considered, by their families and the society as unable to marry ing to specialised teaching foresees the following: and create a family. Even the few persons that have gotten mar- • parents’ freedom of choice: parents are allowed the freedom to ried and have created a family, it is their extended family that still choose for their child a mainstream school or an institution pro- feels responsible for taking care of the person with disabilities as viding specialised teaching; well as his/her family which at the same time has an effect on their • the possibility to go from specialised teaching to mainstream ed- lack of independence. ucation: parents have the option of registering or re-registering MKD: Often the choice for marriage is done by the family. Most of- their child in a mainstream school after a period in specialised ten a relationship is happening between two persons with disabili- teaching ties. The love relationship or a marriage between the people with disabilities is still considered a taboo. BIH: All children have the right to education, but numerous psy- MEX: Persons with disabilities do not have the same rights as 'any- chological, physical and sociological barriers as well as a lack of ca- body else' in terms of the right to choose or not to choose sterilisation pacities within the schools to meet the needs of each child exist. because family members/tutors are able to sign for the sterilisation of CAN: Education is in provincial/ territorial jurisdiction. Further, I’m such persons. For example, para. 305 of the Mexico's first official re- unclear on the meaning of mainstream education. Many schools port to the UN, as discussed above, gives all decisions to tutors. continue to have special classes within the mainstream school. As well, the Mexican Institute of Social Security (IMSS) has a pro- CRO: Recently trying to change the situation by introducing the gram which was mandated from Art.31 VII of the GLPD. One of the teaching assistants to assist students with disabilities but this is not goals of this program is to promote birth control to groups who are the case with all schools, that method is still in implementation particularly vulnerable in society, including persons with disabili- phase. ties. Thus, sterilisation is possibly one goal. EST: The right exists, but there are not enough specialists, to MNE: Some PWDs have no right to marriage, because their legal teach children with severe disabilities. There are two schools in Es- guardians are parents also after the age of 18, so they cannot de- tonia for severely handicapped children. One of them, the Tartu cide on their own. Maarja School, demanded twice a change in law, that also children SRB: They have them on paper. But, significant number of PWD with a severe disability may go to school until the 12th class. are deprived of their legal capacity, majority, but not all of them, FIN: In stead of special schools some children are placed in special with intellectual/mental disabilities. Especially their right to have classes. The number of the children placed in segregated education and raise children is questioned. Often, girls and women with dis- has increased in recent years. abilities are sterilised without their consent, especially in institu- FRA: The legal framework is not always respected. About 13 000 tions where risk of being raped is high. children are both excluded from mainstream education and from SLO: According to Marriage and Family Relations Act person with institutions. severe intellectual disabilities can not conclude marriage And most of the children with mental disability are included during ESP: It is necessary to amend the Criminal Code to eliminate the de- a partial time in the educational system. criminalisation of sterilisation without consent of the disabled person. GER: In principle, yes, but school law is governed by the states SWE: Persons with disabilities have the same rights as others to and therefore results in a variety of interpretations and constella- Mary, have children etc. tions nationwide. SUI: Marriage: Provided there is capacity to make judgments, but IRL: Every child has a right to free primary education up to the in accordance with Federal Court law the requirements for this are age of 18. However, in practice may not be applied across all main low. The new Law on the Protection of Adults annuls the required stream education. guardian approval for incapacitated persons. ITA: Children with disabilities should be supported by a personal UK: Rights for equal treatment are enshrined in this area. It is teacher or assistant (other than the class teachers). Funding prob- though worth noting that there will be decisions made around lems should affect the available number of personal teachers or as- mental capacity in some instances that can impact in this area, i.e. sistants. when determinations are made that an individual does not have RKS: In Kosovo, children with disabilities are generally enrolled the mental capacity to make certain decisions. in the special schools and attached classes and it is considered Additional remarks: that a very small number of children with disabilities are enrolled AUT: One NGO gave a “red” and the other “yellow”. Last year it in the mainstream classes. Based on the Law on Primary and was a “red” light. Since no (innovative) changes in the law are Secondary Education Chapter VII, Section 35 - The Right to Spe- known of, it will remain a “red” light this year. cial Education: "Pupils who either do not or are unable to benefit satisfactorily from ordinary tuition have the right to special edu- QUESTION 10 cation and it shall be the duty of a municipality to provide it in ALB: Legislation is in process and the final draft is really good. accordance with the provisions of this law and within the frame- Some pilot models and practices are in place, mostly through work and limits of the municipal budget". (Law on Primary and
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Secondary Education http://www.seeeducoop.net/ A pupil who, due to learning disabilities, is considered incapable education_in/pdf/law_ prim_sec_educ-yug-kos-enl-t04.pdf) of reaching the goals set by primary schools, has the right to an MKD: The law for education in Macedonia provides equal education at a special school. This applies also to pupils with ex- education for all children with handicap. There are no special tensive and lasting intellectual disabilities due to brain damage programmes for including the handicap children in the process of or who are autistic. The number of pupils attending special socialisation school has increased substantially over the past few years. Many MEX: Art. 12(3) of the GLIPD establishes 'mechanisms to ensure teachers at special schools report that they are teaching children that children with disabilities enjoy the right to free and obligatory who do not have developmental disorders. The reasons for the education'. It also states that such educational institutions cannot increase and its effects on a pupil who is wrongly placed are put conditions on children with disabilities. However, in practice shown in Article13 of the disability movement's alternative report many public or non-specialised educational institutions may refuse on ICESC. to accept children with disabilities, claiming to not have the re- SUI: The Swiss Federal Constitution guarantees every child the sources to educate the child. right to adequate and free primary education (Art. 19). This is MNE: Every child has the right to education. First choice is main- the jurisdiction of the cantons. A right to instruction in a main- stream education: assessment of a child's capacity is done by the stream school (in contrast to a special school) does not exist. local Committees for 'directing' children, based on personal factors, There is, however, Art. 8 Sec. 2 of the Swiss Federal Constitu- social obstacles, and enabling factors - so based on this, a child is tion, which also prohibits discrimination based on disability in the directed into the mainstream education system, into special area of schooling. And there is Art. 20 of the Federal Constitution classes, or into local Daycare centers, where children with most se- and the Federal Act on Equal Rights for People with Disabilities vere disabilities go. (BEHiG), which recommends integration into a mainstream ROM: The principle of inclusion is settled in the education law. school. If the child is not dependent on special disability-related There isn't a more diversified support to guarantee the complete teaching methods to receive an adequate primary education, he and effective integration (f.e. a teacher can help a child with dis- is entitled to this (and the cantons are also responsible for this. ability only 2 hours a week). Special education and training in- See Art. 62 Sec. 3 of the Swiss Federal Constitution as well as cludes children with mental or sensory disabilities. the Intercantonal Concordat in the area of special education; ac- SRB: The new law on education guarantees free and compulsory cording to a note in June 2010, 10 cantons have acceded to the education for ALL children. Although it doesn't band special schools Concordat). it sais that mainstream education is priority for all children and UK: Every child has this right, although the quality of provision can obliges schools to accept all children from their territory included be variable and disabled children's educational attainment levels children from vulnerable and marginalises groups who have a pri- remain below that for non-disabled children. ority. When needed, schools are obliged to make pedagogic profile and individual education plan. QUESTION 11 RSA: Although all children have a right to education, the education ARG: Law 26.206 establishes the right of students to appropriate system for disabled children is of a very low standard and the chil- assessment systems, inclusive and non discriminatory. However, dren are still being disadvantaged. The Inclusive Education system not all institutions develop a systematic evaluation methodology is in its early stages and mainstream education is not as yet fully for all disciplines and all disabilities. There is a case of a person inclusive with mobility impairment culminating and approved all the aca- ESP: Spanish educational law establish the inclusion and attention demic requirements of the career of Physical Education and the to diversity as a standard in the education system, but there are a university does not give it his title because he has not approved lot of measures that must be taken in order to get the inclusive ed- the practical subjects of sports, when in fact it is impossible for ucation as a reality (accessibility, resources, coordination among him. the entities involved …) AUS: There are still cases where in practice this is not occurring SWE: Primary school, classes 1 to 9, is free of charge and compul- but there are mechanisms to address this: sory for all children. This includes children with disabilities. Sweden http://www.hreoc.gov.au/disability_rights/decisions/conciliation/ed has recently passed a new education act that covers all school ucation_conciliation.html forms. Schools, regardless of type, must be open to all pupils, and AUT: (1) Fixed in UG 2002, (2) Federal equivalence law for handi- “A pupil shall be given a place in a school in the municipality and of capped people and §59 university law. the child's guardian's choice”1. According to a survey from the BEL: With regard to higher education, the Government of the Ministry of Education, pupils with disabilities do not have the same French Community is attentive to encouraging access to higher ed- rights to choose schools as other pupils. One of the main reasons ucation for those with a disability via: is lack of accessibility to school buildings. • the coordination of effort so that all strands of education are ac- Every other primary school and four of ten secondary schools lack cessible to disabled people; accessible toilets or lifts. Two of three primary schools and half of • basic refurbishing at logistics level and methods of evaluation af- secondary schools lack automatic door openers etc. The Swedish ter having identified needs and main obstacles; Schools Inspectorate (Skolinspektionen) has viewed secondary • the training of sign language trainers. school pupils' environment. The review covered 33 schools where there are pupils with visual impairments, hearing loss and mobility BGR: Inclusion of handicapped children at school are essential for disabilities. The review108 shows that: strategic progress of education, but it is not legally enacted. There Schools find it difficult to adapt the school environment to pupils' is a commission for complex, pedagogic estimation which creates needs. an experts report - if the parents claim for one - which lists the ex- Pedagogic accommodations, for example use of alternative meth- amined disabilities of the child and the best educational method for ods and technical aids, seldom work satisfactorily. The shared re- the child (normal or special school). The commission can only ad- sponsibility between teacher and assistant is often unclear. Most vise the parents, but the decision has to be done at first from the schools do not have buildings that live up to pupils' need of acces- parents and afterwards from the schools (which can deny the ac- sibility. Children hard of hearing and deaf children are found in all ception of handicapped children) types of schools. 82 percent attend integrated schools. The inte- CAN: This is difficult to answer. Our focus is on people with intel- grated school form is often not well suited for the pupils. School lectual disabilities. There is still much work to be done to ensure organizers, because of inadequate knowledge, do not see pupils' that people with intellectual disabilities are included in post-sec- needs, or underestimate them. This is noted in the Schools Inspec- ondary torate's review. CRO: There is not covered for all students and all disabilities;
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DNK: Students can have additional time and use their aides, oth- tained, these records do not include the category of university erwise no adjustments. graduates. In the overall results of the 2001 national census, this FIN: In some cases there are some limitations. For example in the data is not recorded, and results in the area of education of the Theatre Academy of Helsinki there are practically no possibilities to last census (2010), have not yet been published. succeed for the student with disabilities. AUS: I am unable to obtain a definitive answer to this question. FRA: The specific measures for students with disabilities: addi- However, it appears that most universities have a Disability Action tional time for the exams, human assistance (secretary or transla- Plan and it is in their best interest to report as this relates to their tor), additional years to pass the exams, and in certain cases, no funding. exam (upon decision of the Head of the university) CAN: Access to detailed or population specific data can be difficult. IRL: Students are entitled to a reasonable accommodation to sit However, the Federal Government publishes an annual report on the same exam as their peers. This accommodation could be disability issues. longer time, a scribe, assistive technology. However it is not an ex- CRO: We already know that number we officially have is not cor- plicit right – it is arranged by needs assessment. Unfortunately rect completely, because some students don’t want to identify. when reasonable accommodations are provided to a student in HUN: such statistics exist, but only from civil institutions - not State exams the reasonable accommodations are flagged on the from the state. Therefore the statistics are not available for every- transcript. one. ISR: Only for learning disabilities. IRL: The Census provides statistics on persons with a disability ITA: All universities have an office for students with disabilities, who attained a 3rd level qualification after completing 2 or more entitled to solve any possible problem and choose a personal tutor years of study. (http://www.cso.ie/census/census2006_ for students with disabilities. Professors can choose alternative volume_11.htm). New statistics from the latest census course works and testing methods. should be available in the coming months. AHEAD, RKS: There is no official information that University provides stu- the organisation for Higher Education Access and Disability dents with disabilities with alternative testing methods. has entrance figures of students with disabilities at MKD: There is a legal framework that is respected only in certain third level http://www.ahead.ie. faculties. ITA: Some data on the presence of students with disabilities in • It is left to the will of management to decide. Italian Universities (in constant growth, most with disabilities, and • There are no flexible programmes which will help the students to attended the humanities): adapt. http://www.nonprofitonline.it/default.asp?id=433&id_n=2453. http://www.integrazionescolastica.it/subcat/32 MEX: We could not find information at any of the most important http://spazioinwind.libero.it/gianluca_affinito/web_ universities in Mexico City about alternative testing methods. barriere/disabili.htm However, a DRI staff person who attended university at Universi- RKS: In the official statistics of the Statistical Office of Kosovo as dad Iberoamericana says that there is some form of alternative well as in the University statistics it doesn't appear to have sepa- testing for people with at least some disabilities, but probably rate statistics for students with disabilities, they appear in the lists not all. of the University and Statistical Office as students without any dis- POR: some universities have alternative testing methods tinction on their disability. SRB: Alternative testing methods are not available and students MKD: There are no official statistics, but there are some unofficial mainly depend on the willingness of each individual professor to that were made by Student groups or NGO. adjust the test/method of testing… ROM: The Department of Education handles with statistics con- RSA: In a majority of South African universities disabled students cerning students with the commitment to further education. have access to alternative testing methods e.g. an oral exam in- SRB: There were some researches conducted by disability organi- stead of written in some cases, or more time. sations but there are no systematic data that we are aware of. ESP: It is regulated a share of reservation of 3%. We must im- Findings of research conducted by Association of Students with prove access for disabled people to college; also improve the ac- Disabilities in 2006, state that only 12.5% PWD graduate from uni- cessibility of the campus, reinforcing the guidance in previous versity, 1% has MA and 0.2% PHD. stages to gain access to higher education. Need to improve the RSA: They are not official published but are available at the differ- adaptation of the evidence and the need to increase the booking ent institutions. fee. SWE: We do not have such information. There is just an esti- SWE: Students at the Universities have the right to use alterna- mated figure based on surveys conducted every second year. The tive testing methods. For instance Students with disabilities can exact number of students with disabilities who graduate is unclear. receive the test in Braille, have oral testing’s, longer time etc. The statistics concerning students who graduate every ear is gen- Since January 1, 2009, the non-discrimination law regulates eral. The existence of disabilities among those who graduate is un- prohibition against discrimination at institutions of higher clear. education. The Act includes an obligation to take reasonable SUI: According to a Nationalfond-sponsored study by Judith Hol- measures of accommodation. There are no new general studies lenweger, Susan Gürber and Andrea Keck on persons with disabili- on what measures is most common or how it works in ties in Swiss universities (Menschen mit Behinderungen an practice. Schweizer Hochschulen, Befunde und Empfehlungen, Zurich 2005) SUI: Art. 8 Sec. 2 of the Federal Constitution and the Federal Act 12% of students are disabled or chronically ill. Many fail to com- on Equal Rights for People with Disabilities (BEHiG) (Art. 2, Sec. plete their studies or switch majors. 5) demand adaptations of testing methods to the needs of per- UK: Survey data is published in this area. sons with disabilities in order to avoid discrimination. UK: Universities are covered by duties to ensure accessibility and QUESTION 13 to make reasonable adjustments, although some disputes still ARG: The Public Health Law (26.529) provides accessibility to all arise about the exact legal protection that people enjoy when it people for all health services without any discrimination. However, comes to examinations. there are significant gaps in relation to specific access to health of people with disabilities in certain medical specialties either by an QUESTION 12 insufficient supply of services or failure thereof, the situation varies ARG: The latest statistics from the National Survey on Disability depending on other variables such as locality, gender and socioe- (2003) of the official statistics institution, records the number of conomic status. people with disabilities based on the highest educational level at- AUS: Only new buildings and new additions to old buildings.
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AUT: (1) There are too many exceptions and too less rebuilt med- with disabilities. The Board says: “Many social services offices ical practices (2) Federal equivalence law for handicapped people and healthcare centers do not have nearly enough accessibility EST: The law maybe requires the accessibility, but in reality the and it is hard for persons with disabilities to seek care or sup- situation is not always so, that every doctor understands the needs port. People run the risk of being totally excluded.” The report of disabled people. In the countryside the accessibility is not every- found that for persons with mobility impairments access is rela- where provided. tively satisfactory. It is significantly worse for persons with com- FIN: As accessibility requirement is based on the Land Use and munication difficulties, such as visual impairments or hearing Building Act and Decree, which both came into force in 2000 loss. The staffs at health centers have no knowledge of sign lan- HUN: The time frame changes all the time. guage and deaf persons. There are often no text telephones or IRL: The Equal Status Acts 2000-2008 extends to services pro- videophones. vided by medical practioners. However, there are considerations SUI: At the federal level the rules mentioned in the section on ac- with regard to making services accessible. A person selling goods cessibility apply. The cantons are free to enact additional or more or providing services, a person selling or letting accommodation or specific regulations. providing accommodation, educational institutions and clubs must UK: Medical practices are required by law to make reasonable ad- do all that is reasonable to accommodate the needs of a person justments to ensure that they are accessible to all. In practice with a disability. However, they are not obliged to provide special there remains considerable variation in the extent of accessibility. facilities or treatment when this costs more than what is called a Most medical practices (although not all) will be physically accessi- nominal cost. What amounts to nominal cost will depend on the ble, but many will not offer a full range of accessible equipment circumstances such as the size and resources of the service etc. provider. ISR: by 2021 QUESTION 14 ITA: Law regulations are really generic on this issue, so every ALB: Although stated in law, no specifications are made by sec- medical practice may implement its accessibility policy. ondary legislations, rules and regulations, there is lack of "know MKD: There is a law who says that every public institution must how" and nothing is happening in practice in this direction. It's have approach for those with all types of disability only in the last two years that mostly civil society is trying to in- MEX: Art. 7 (1) of the GLIPD states that people with disabilities crease awareness on this issue. have the right to public services for integral health and rehabilita- ARG: Law 22.431 establishes the obligation of state agencies and tion. It orders competent authorities of the health sector to design, enterprises with state participation, to a minimum of 4% of its execute and evaluate programmes that deal with disabilities. staff are people with disabilities and that they are entitled to the Art. 13. (VII) of the Federal Law to Prevent Discrimination states same working conditions of all employees. Also, the Law 24.314 that it will 'promote that all public spaces that offer services to the establishes the obligation of all public buildings and spaces to public adapt their physical space and signage for its access, free make their facilities accessible. The absence of specific legislation movement and use for people with disabilities. Neither of these in this regard at a national level, at the present moment (2011), laws present strict obligations on part of the state or federal gov- these obligations are not met rigorously. ernment. AUT: federal equivalence law for handicapped people and $$7a-7r When collaborating with other organisations on the shadow report hirement law for handicapped people; CW: I think "Orange" would to the government's official report for the U.N., we were told that be the right answer, because "orange" means that "the action that many health professionals have admitted that they do not have needs to taken ma be limited". training to work with persons with disabilities and do not have an BEL: At legislative level, the fight against discrimination towards official policy in place that contemplates the needs of persons with disabled people is regulated by the law of 10 May 2007, which disabilities. sets out to fight certain forms of discrimination. This law forbids For instance, many proven therapeutic methods of medication are all forms of discrimination: direct and indirect discrimination, the not accessible for persons with disabilities. For example, at Samuel injunction to discriminate, bullying and the refusal to implement Ramirez Moreno, they have had to use less expensive medications reasonable refurbishing for the disabled (Article 14). This law despite disabling side effects. applies to work relations, conditions relating to access to SRB: Although there is a legal obligation still majority of medical employment, working conditions and regulations relating to practicies are not accessible. Also medical equipment is inappropri- dismissal, and this in both the private and the public sector, for ate and very few facilities have such equipment that allows exami- salaried and non-salaried employees, at all levels and for all nation to be performed, for example, ginecology examination for branches of activity. Moreover, by virtue of the law of 4 August women with physical disabilities. 1996, relating to well-being at work, the employer, as the person ESP: There is no specific legal framework in the health sector responsible for employees’ well-being, must undertake all to ensure full equality of opportunity and adequate health necessary measures of prevention to avoid risk situations and to provision aimed at meeting the current and potential needs of avoid or to limit damage. These measures relate notably to the people with disabilities." In this vein, the study reveals that the furbishing of the place of work, to the conception and adaptation enforcement of equal opportunities, non discrimination and uni- of the work station, to the choice and use of work equipment and versal accessibility for persons with disabilities (LIONDAU) is the choice and use of individual protective material and "irregular and insufficient" because it has a specific, concrete equipment etc. initiatives. CAN: Employment is a shared jurisdictional issue in Canada. The SWE: The Health and Medical Service Act (Hälso- och sjukvårdsla- Federal Government and the Provincial/ Territorial Governments gen) stipulates that the goal of the health service is good health have programmes for employment-related training and supports. and good healthcare on equal terms for the entire population Care CRO: There is obligation of employing persons with disabilities in shall be given with respect to the individual and according to public institutions, "the quota system", but there is no service that needs. Cases where an individual feels that he or she has not been monitors and supervise how the process of adaptation or training given the best possible care can be reported to The National Board is going on; of Health and Welfare (HSAN). DNK: State fulfils the needs due to evaluation of the individual. The non-discrimination law bans discrimination within healthcare. EST: The idea of employing people with disability is not really yet A person who feels discriminated against can report it to the Dis- reality in Estonia. The laws may exist, but society has not accepted crimination Ombudsman. The National Board of Health and Wel- different people yet. fare has made a survey of Swedish general practitioners' surger- FIN: Non-Discrimination Act 2001: Section 5. Improving the ac- ies and social services offices to test accessibility for persons cess to employment and training of persons with disabilities. In
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order to foster equality in the contexts referred to in section 2 QUESTION 15 (1), a person commissioning work or arranging training shall ARG: The latest statistics from the National Survey on Disability where necessary take any reasonable steps to help a person with (2003) of the official statistics institute, records the number of disabilities to gain access to work or training, to cope at work people with disabilities are based on occupational category but not and to advance in their career. In assessing what constitutes rea- the kind of employer. So that is not recorded the number of people sonable, particular attention shall be devoted to the costs of the employed by the state or the degree of accomplishment to which steps, the financial position of the person commissioning work or the institutions of the 4% quota established by Law 22.431. In the arranging training, and the possibility of support from public overall results of the 2001 national census does not record these funds or elsewhere towards. In practice the Law is not followed data and results in the work area from the last census (2010), as wanted. have not yet been published. FRA: The employers obligations: the medical supervision is rein- AUT: Only handicapped people which are beneficiary (CW: a cer- forced, the employers are obliged to adapt the workplace or to tain administrative decision/notification) in the sense of the Law shift the worker in case of difficulties. In case of dismissal, the no- "BEinstG"; only federal hired handicapped persons tice of termination is doubled within the limits of 3 months. BEL: Regarding the federal public function, since 2009, the Com- The employer can also get advice or funding to better include per- mission for the Support and Recruitment of People with a Disability sons with disabilities. in federal services (CARPH) ensures the application of the 3% ob- GER: There is a legal obligation to employ people with a recog- jective of recruitment of people with a disability. Their most recent nised disability. But by paying a so-called “compensatory tax” com- evaluation report relates to 2010. panies have the opportunity to sidestep the obligation. In 2010, the AWIPH published a report relating to the implementa- IRL: Under the Employment Equality Acts 1998-2008 employers tion on 31 December 2009 of provisions of the Walloon Code of are required to provide reasonable accommodations to employees Public Services relating to the employment of disabled persons with disabilities. However, this duty only extends as far as a "nom- within the services of the Walloon government and within certain inal cost". While no actual right exists, there are grants to employ- Organismes d’Intérêt Public (OIP) (Public Interest Organisations). ers available by state agency responsible for getting people with This is not an annual publication. disabilities into employment and training, these grants include; CAN: At a federal level this information is published in an annual Employee Retention Grant Scheme; Workplace Equipment Adapta- report on Disability Issues: tion Grant etc. http://www.hrsdc.gc.ca/eng/disability_issues/reports/index.shtml ISR: Reasonable accommodations only. EST: There are statistics on the website of the social ministry. ITA: National funds are available to help employers in adapting FRA: The data are scattered. work places and providing accessible furniture, devices and tech- http://www.fiphfp.fr/spip.php?rubrique100; Cf "Rapport d'activité" nologies. http://www.fonction-publique.gouv.fr/article1701.html?artsuite=1 MKD: There is a law, "Lex specialis" who is a law for employing the (Cf "chapter 2.6") handicap people. The employers are bound with this law to do IRL: There was only one publishment and only in regards to gov- everything they can for the people with disabilities to have better ernment employees access to their work places. RKS: There is no sufficient information, even the statistics that are MEX: Art.11(I) of the GLIPD prohibits employers from discrimina- published by Statistical Office of Kosovo, in publishing the number tion against persons with disabilities. No specific actions are delin- of employed or unemployed persons do not include persons with eated. disabilities. MNE: Employers are obliged to accommodate the work place for a MKD: This data is being published occasionally not every year. Of- PWD - the state subsidizes these costs 100%; however, employers ten by the development programmes not as a result of the work of rarely employ a PWD because they have a choice: to employ, or to the relevant Government institutions. make payment into the Fund for employment and professional re- MEX: It is unlikely that this figure is calculated. It is not published habilitation of PWD (which they prefer). So, there is very small on the National Database of Statistics and Geography. There does number of employed PWD. not seem to be another way to find this information easily. ROM: There is no commitment of the employers concerning the MNE: All institutions or employers have their own data, but they adaption of work place for persons with disabilities. are not in one place, and are not published regularly. SRB: There is legal obligation and subventions are provided by the ROM: There are no data concerning persons with disabilities em- state, but in reality it doesn't always happen. ployed by the state. A person with disabilities has no commitment RSA: Although employers are expected to make reasonable ac- to publish the work place. There are different statistical informa- commodations for their employees with disabilities, this does not tion about persons with disabilities which can be find on always happen and always to the satisfaction of the employee. www.mmuncii.ro or www.anofm.ro. Many employers still see employees with disabilities as carrying SRB: Only the figures that are provided by National Employment and extra cost. Agency are systematically collected and published annually, but SWE: The non-discrimination law bans discrimination on the basis they don't have data about people who didn't get employed of disability in all areas of labor, including job seekers, employees through their service. Nevertheless, there have been some efforts and those seeking or undergoing traineeships. When hiring people, to collect such data. dealing with career advancements or in connection with training RSA: Not too certain if it is published. courses, an employer is obliged to take reasonable measures to SWE: Surveys are taken every second year. In Statistics Sweden's support or accommodate persons with disabilities, so that they can (SCB) labor force survey for 2009, 13 percent of the population in partake on an equal basis with others. An employer who does not work and employment say they have some from of disability. 7 take heed of this is guilty of discrimination. percent of these reported reduced work capacity. More women A person, who feels that he or she has been discriminated against, than men say they have a disability; and more women than men can report the case to The Equality Ombudsman, DO. report reduced work capacity. In the age group 50 to 60 years old, UK: Employers are required to take action with regards to almost half are persons with disabilities, and over half of them physical accessibility as well as the accessibility of practices and have reduced work capacity. procedures. Evidence of the full extent of this provision is patchy, In 2009, 66 percent of persons with disabilities were included in and duties as to exactly what employers should and should not the labor force compared to 79 percent for the entire population provide are not always clear. Disabled people are still far less and 81 percent for persons without disabilities. Among persons likely than non-disabled people to be in employment whose labor force is reduced, 55 percent take part in the labor in the UK. force. Unemployment for persons with disabilities was 6,5 per-
184_____ZERO REPORT 2012 ANNEX – COMMENTS & REMARKS
cent in the fourth quarter of 2008, compared to 4,9 percent for SWE: Sweden does not have any laws that require companies to the total population. Among persons with reduced labor force, employ persons with disabilities. For statistics, se question 15. 9,1 percent was unemployed. In 2006, 6,3 percent persons with TUR: The percentage increase because public sector employed a disabilities were unemployed(5,1 percent for the entire popula- lot, however there is still a very big gap and there are problems tion). Comparative statistics for persons with reduced labor was regarding implementation not available. The National Board of Health and Welfare's (Social- UK: The percentage of disabled people of working age in employ- styrelsen) survey on living conditions of 57.500 persons with ment is published, and currently stands at around 50% in the UK. mental disabilities, learning disabilities, autism or mobility dis- This is significantly below the number for non-disabled people, but abilities, found that only 10 percent of this group have a connec- it has been increasing steadily, albeit at a very slow pace in recent tion with the labor market. Further statistic comparisons are years. given in the disability movement's alternative report on ICESC, Article 6, page 22. QUESTION 17 SUI: In a report dated March 2011, the Federal Financial Adminis- ALB: Changes in the electoral code stipulate for some provisions to tration evaluated the measures taken by the Federal Administra- enable the right to vote in secret and independently for people tion as an employer with respect to persons with disabilities: FED- with disability (mainly blind and wheelchair users) who may reach ERAL AUDIT OFFICE, Berufliche Integration von Menschen mit the voting center. But these legal provisions are not implemented, Behinderung, March 2011, accessible at but only with some pilot projects of civil society. While there is http://www.efk.admin.ch/pdf/10378BE_Schlussbericht even no legal as well as administrative provision for bound voters, EPA_publ_evaluanda.pdf. who don't exercise their right to vote. UK: Regular labor force figures are published, including records of ARG: Although there is no legal limitation to vote for people with the numbers of disabled people in employment. disabilities adult, rolled to the electoral register, which have iden- Additional remarks: tity document and not civilly declared incompetent to vote, but in BEL: Since Belgium indicated both “Yes” and “Yes, with qualifica- practice there are no inclusive public policies to ensure implemen- tions” (Agence Wallonne pour l'Intégration des Personnes Handi- tation effects of all these conditions, which is still low participation capées), a “yellow” light has been chosen. of the collective. Currently there is a process of political and insti- tutional advocacy to incorporate a significant number of voters QUESTION 16 with disabilities who are hospitalised. ARG: The last census (2010-2011) with data about the economi- AUS: http://www.aec.gov.au/Voting/ways_to_vote/For the 2010 cally active population in Argentina has not yet been published. federal election, electors who were blind or had low vision had the AUS: Information from the Department of Employment Education option to cast a secret vote via telephone to a specially established and Workplace Relations call centre. There were 126 voting locations across Australia, con- AUT: There are more unemployed handicapped people in 2010 sisting of AEC Divisional offices and other designated sites which compared to 2009 will were open for approximately two and a half weeks in the lead BEL: In Belgium there is no obligation to employ persons with a up to and on polling day. disability in the private sector. Alternatively, electors could undertake an assisted vote at an early CAN: Our focus is on persons with intellectual disabilities. While voting or polling centre. there has been some improvement in overall employment statis- BIH: It is the electoral code that determines the conditions to be tics, they have remained stagnant for persons with intellectual dis- an elector for the whole population (Article 1) and to be eligible abilities. to vote (Article 227). The conditions notably foresee the case of CRO: http://www.hzz.hr/default.aspx?id=5115 suspension of electoral rights in the event of incapacity (Article FRA: This question is very difficult because the answer depends on 7): persons under the statute of prolonged minority (by applica- the criteria. Ratio of employment of persons with disabilities (as tion of the law of 29 June 1973) and interned persons (by appli- certified by administrative authorities) in private firms in 2007 cation of the provisions of the Law of Social Defense of 1 July (2,4%), 2008 (2,6%); in public firm the ratio is the same between 1964) have their electoral rights suspended throughout the pe- 2007 and 2009 (4%) riod of their incapacity. This legislation also foresees that the • http://www.agefiph.fr/Liens-pied-page/Documentation?q=&p=5 president of a polling station (traditional or automated) can au- - Cf "Chiffres cles de l'emploi et du handicap 2010 and 2011" thorize the elector who, as a result of physical infirmity, is unable to go alone into the voting cabin or to cast a vote him/herself, to HUN: The unemployed rate rose in general, obviously this affects be accompanied or aided by a guide or support (Article 143). It people with disabilities as well. should be stressed that the choice of person called upon to fulfil IRL: There is no data to answer this question. this role is completely free and the president of the polling sta- ITA: www.inail.it/statistiche tion may not impose any restrictions on the voter in this respect. RKS: Since we lack statistics regarding the employment of persons Insofar as accessibility to vote is concerned, the legislation fore- with disabilities we are unable to have the information whether the sees for each 5 polling stations, in each building where one or percentage of employees with disabilities have increased or de- more polling stations have been established, at least one cabin creased. that has been specially refurbished for use by persons with a dis- MKD: The percentage remained the same since year 2000 and the ability (Ministerial Decree of 6 May 1980, completing the Ministe- number of employees remained 2000 people with disabilities. rial Decree of 10 August 1984 relating to electoral furbishing for ROM: Data concerning the working place for persons with disabili- legislative, provincial and communal elections). In order to ad- ties isn't available and will not be collected. The number of em- vise local authorities in matters relating to accessibility, aware- ployed persons with disabilities is known, but no information con- ness campaigns have been implemented at federal level as well cerning persons with disabilities employed by the state or public or as by some Communities and Regions. Thus, for example, since private institutions, staying at home or in special organisations is 2007 the SPF Intérieur – in collaboration with various disabled available. Statistics concerning employment can be find on persons’ associations – has drawn up a series of practical recom- www.mmuncii.ro or www.anofm.ro, statistics concerning people mendations on this subject. searching for a job can be find on www.mmuncii.ro. CAN: All persons have the right to vote but the necessary accom- SRB: This is mainly because of the new Law on professional reha- modations are not in place - for example a blind person cannot bilitation and employment of persons with disabilities, which is vote in secret; supported decision-making is not in place in all ar- based on quote system and includes sanctions for employers who eas to truly facilitate the voting rights of all persons with intellec- fail to fulfil their obligation. tual disabilities.
ZERO REPORT 2012_____185 ANNEX – COMMENTS & REMARKS
CRO: Templates on Braille are not available. a person who has problems with reading or writing, to vote for a FIN: Any voter with disability can request voting at home with out chosen candidate without asking for help. any documents. All pools are not accessible. Voters can have own SUI: Art. 8 Sec. 2 of the Federal Constitution prohibits discrimina- assistant or voting assistant provide by municipality. tion due to a disability. The Federal Act on Equal Rights for People GER: Note: In the opinion of the DW/EKD, the term “transport” is with Disabilities (BEHiG) requires that government services be ac- to be replaced by the term “transportation”! cessible to persons with disabilities. This particularly includes offi- HUN: the person with disability can elect without borders, if cial information in the run-up to elections and votes as well as vot- he/she has no legal guardian. ing documents. IRL: There are a variety of arrangements in place to assist those UK: Adjustments are made to support disabled people to vote, al- with certain disabilities in Ireland to exercise their voting rights. though research suggests that far from all polling stations are fully You can vote at an alternative polling station if the local station is accessible. Disabled people in the UK are more likely than non-dis- inaccessible be helped to vote at the polling station by a compan- abled people to vote by post. ion or the presiding officer vote by post; vote at a hospital, nursing Additional remarks: home or similar institution if you live there. A presiding officer may AUT: One NGO gave a “green” and the other “orange”. Similar to refuse a person with a disability access to vote if they require as- last year, a "green" light has been given. sistance to do so and arrive in the last two hours of voting. This is because the officer may feel it is obstructing other voters QUESTION 18 from voting. ARG: The last census (2010-2011) with data about population liv- If a presiding officer considers that you do not have the capacity to ing in institutions in Argentina has not yet been published. How- vote they may refuse a person access to vote. ever, the results of the last census (2001) recorded the number of There is no law in place to govern this or no test provided for - people living in nursing homes, children and adolescents, prisons leaving discretion to the presiding officer. Inclusion Ireland have and psychiatric hospitals. expressed concern that at every election persons with disabilities AUS: Every 5 years there is a Census (Australian Bureau of Statis- are turned away from the polling station as they are considered to tics) where most of this information is derived for Australia. Each lack the capacity to vote. See here: State has its own system& timeframe to collect the data for each http://www.irishtimes.com/newspaper/ire- State jurisdiction. land/2011/0219/1224290287816.html BEL: The Walloon Region produces annually, in the report on the ISR: transport is not free and not all ballots are accessible - but activities of the AWIPH, the number of beneficiaries of financial there are designated ballots. support in the field of centers and accommodation. RKS: Law No. 03/L-073; General Elections in the Republic of CAN: Institutions and operated by Provincial/ Territorial Govern- Kosovo http://www.kqz-ks.org/SKQZWEB/en/legjislacioni/materi- ments. There is no comprehensive data collection across the ale/ligjetezgjedhjeve/zgjedhjetpergjithshme_en.pdf country or even within a province. Access to this information is MKD: There is a law that allows voting by persons with disabilities- piecemeal at best. they my vote home if they request to the Municipal electoral com- FIN: Statistics: http://uusi.sotkanet.fi/portal/page/portal/etu- mission in advance. sivu/hakusivu?group=359 • The transportation is not free IRL: The 2009 statistics show that 8,251 persons with intellectual disability were in receipt of full-time residential services. 277 per- MEX: Art. 6 of the Mexican Constitution requires that it be read sons with intellectual disabilities were housed in psychiatric institu- congruently with international law. Thus, theoretically the civil tions. See here: rights required in International Law In this case the right to vote) http://www.hrb.ie/uploads/tx_hrbpublications/Annual_Report_of_t would also be required nationally. Art.20 (4) of the Federal Law he_National_Intellectual_Disability_Database_Commit- to Prevent and Eliminate Discrimination designates a council to tee_2009_01.pdf. investigate the impact of several types of discrimination - As of Fall 2008 - 4,000 people are living in the congregated set- including political. The Dean of Law at the University of La Salle tings - the vast majority of these have intellectual disability. See in Mexico mentioned that for the 2012 Presidential Election there here: http://www.hse.ie/eng/services/Publications/services/Dis- will be policies in place to aid in accessibility for disabled ability/timetomoveonfromcongregatedsettings.pdf persons, however, the mandate is not public and does not ITA: Apparently there are no official annual statistics concerning appear to be mandatory or binding on the federal people with disability in 'institutions'. government. over the last 30 years Italian policy about institutionalisation has ROM: There is no charge-free transport, personal assistance is tried to avoid any kind of segregation in 'institutions'. Orphanages, scarce and a ballot in Braille isn't available. psychiatric buildings, special buildings etc. have gradually been SRB: Voting is very difficult for people with disabilities that live in closed in favour of smaller residential structures or home reinte- the community and not at all available for those staying in institu- gration. tions, except for prisons since recently. Persons who are either par- Data on hospitalised persons with disabilities in institutions can be tially or totally deprived of their legal capacity don't have the right found on the website: to vote. www.fondazionepromozionesociale.it ESP: It has been approved in 2011, the regulation on basic condi- RKS: From the Statistical Office of Kosovo in the annual publica- tions for the participation of people with disabilities in political and tions of the social welfare, it is published only the number, gender, electoral processes. But the current electoral law in Spain allows to nationality of persons with disabilities that live in the Shtime Men- limit the right of suffrage, active and passive, to incapacity people tal Health Institution. (Social Welfare Statistics 2009 if it is decided by sentence in court. http://esk.rks- SWE: All Swedish citizens, regardless of functional capacity, have gov.net/eng/index.php?option=com_docman&task=cat_view&gid= the right, protected in the constitution, to vote and take part in the 19&Itemid=8) political process. MKD: • First statistic is expected to appear in October 2011. Persons who have problems with reading or writing are not able to • In the Institutions for handicapped, there might are some statis- use their right to choose a specific candidate secretly. Persons who tics but they are for internal use only have, for example, visual impairments, can get their ballot papers MEX: The same DRI report found that the government does not with information in Braille or in large print thus allowing an individ- keep track/calculate the number of people who are institutionalised ual to choose which ballot paper he or she wishes to use/which that have disabilities for both children and adults. In order to docu- party to vote for. With the present system, it is still not possible for ment the Abandoned and Disappeared report, DRIvisited twenty
186_____ZERO REPORT 2012 ANNEX – COMMENTS & REMARKS
institutions where more than 1,890 children and adults were seg- FIN: There are some statistics made by Research Centers, but a regated from society. According to the Secretary of Health there little official data. Definition of disability is one challenge. are 33 psychiatric units, with approximately 36,351 available beds FRA: Figures are open to interpretation. (Secretary of Health, Specific Program of Action 2007-2012, Atten- IRL: The Census gathers this data. There was a census in 2011 tion in Mental Health Care 51 (2008). However, the actual number and the findings from the census will be available here: of people living in institutions could be much greater due to the http://www.census.ie/Default.aspx decentralised system. The federal government does not control nor ISR: Only education regulate many of the institutions that are run at the state level. It ITA: http://www.disabilitaincifre.it/ is telling that even for children who make up the most vulnerable This website is part of the project "Disability Statistics Informa- sector in society, such statistics do not exist. For instance, al- tion System" sponsored by the Ministry of Social Affairs and car- though, in theory, the DIF Federal is responsible for monitoring the ried out by ISTAT. "Disabilitàincifre" provides statistical data on system of institutions for children, it has stated that “formally it is people with disabilities in Italy. Register Disability Information like this, but in reality it is not.” DIF claims to have no data on in- Source: http://www.disabilitaincifre.it/registro/ricerca.asp Au- stitutionalisation of children with so-called “severe disabilities,” as thorities involved in the survey were the regions, local health au- this is the authority of the Ministry of Health. The Chief of Mental thorities, provinces, prefectures and the Department of Educa- Health Services at the Ministry of Health, however, informed DRI tion. The local health authorities and the regions have a wealth and the CMDPDH that all information about children with disabili- of information especially since the former are the primary source ties is the responsibility of DIF (DRI, Abandoned and Disappeared, of information on disabilities, appointed as the certification of s. IV (B)) disability, and the latter have several channels of information re- Thus, the government engages in little or no oversight of institu- lating to different Departments that title dealing with disability tions for both adults and children with disabilities. Without such and handicap (Department of Health, Social Services, Planning, oversight official statistics of people with disabilities living in such etc..). The Department of Education, the provinces and prefec- institutions is impossible tures, then, are the referees for some certification bodies specific ROM: The official statistic data include only institutions of social to the school and the provision of Economic Benefits. care (care and support centres, rehabilitationcentres for neuropsy- http://www.integrazionescolastica.it/subcat/32 As of April 26, chiatry etc.) information can be found on www.mmuncii.ro or 2011, ISTAT (Italian National Institute of Statistics) , in collabo- www.anph.ro. ration with the Ministry of Labour, Health and Welfare and the SRB: Institutions are obliged to send these data to the Ministry of Ministry of Education, University and Research (MIUR), will labor and social policy, but these data are not published. Now, launch a survey on the activities carried out by schools for the there is a obligation of the Centers for social work to collect such full realisation of the right insertion and integration of students data, that are supposed to be public. Such data are not available with disabilities. The survey will cover all schools in the country to all, and can only be acquired upon the official request for infor- and will end May 21, 2011. www.inail.it/statistiche The database mation of public interest to the Ministry of Labor and Social Policy INAIL (National Institute for Insurance against Accidents at or other relevant bodies. Work) contains statistical information with disabilities of various SWE: There are official statistics covering all the aspects you are kinds on holders of pensions INAIL also useful for a basic under- asking about but, there are no annually statistics concerning the standing of the potential residual skills and abilities of disabled existents of Disabilities. persons according to their reintegration into the work context. It Here are some examples: In 2005, about 20 000 children and also provides concrete information about the work carried out by young people, were taken into some sort of custody under the pro- the disability before the occurrence of damage, as well as its cur- visions of the Social Services Act or the Care of Young Persons law. rent professional status. Disabilities, grouped into three cate- As seen in article 9 of the Swedish disability movement’s alterna- gories (motor, psycho-sensorial and cardio-respiratory) refer, as tive report on civil and political rights, the National Board of Insti- regards the employment status of the disabled person, solely for tutional Care has highlighted the fact that it is common that these the Industry and Services sectors. children have neuropsychiatric disabilities. There are still no annual MKD: There is no such official study, but there are 3 unofficial statistics concerning the existence of disabilities. studies who are not very relevant to the surrounding. Many people, quite unnecessarily, are deprived of their freedom MEX: See answer to question 18. because of inadequate care and support. Research from 2010 finds ROM: Both areas hadn't been fully analyzed. The statistics treat that about 40 percent of men imprisoned for long-term sentences, with the number of people within one system or another. suffer from previously unknown and untreated ADHD, although ESP: So far the National Employment Institute (INE) has published they have had significant problems since childhood. three macro disability surveys have provided an important source There are no annual official statistics concerning the existence of of information about this group (1986, 199, 2008). In late 2010, disability among the prisoners. the INE in collaboration with the Imserso and CERMI published SUI: Likely available by canton. 'The employment of disabled persons' operation that uses statisti- UK: Some figures are published in this area, but generally only cal information derived from the integration of statistical data pro- when funding is provided directly by the state. vided by the Labor Force Survey (EPA) and administrative data Additional remarks: recorded in the state database of People with Disabilities (boepd). AUT: One NGO gave a “red” and the other “yellow”. Considering It should be incorporated disability data in the Labor Force Survey the results of last year’s study, a "red" light has been opted for. (LFS) quarterly and in the statistics elaborated by the Public Em- ployment Service (SPEE), on indicators as unemployment and em- QUESTION 19 ployment contracts – among other proposals - with special atten- ARG: The last state publication of statistics on disability was car- tion to gender ,to normalise it of official statistics on the operations ried out in 2002-2003 by the National Institute of Statistics and SWE: There are annual, official statistics concerning the education Census, and the detailed demographic characteristics of the popu- system. The quality of those general statistics is good, but, the ex- lation in terms of access to education and employment was regis- istence of disability among the pupils is not highlighted in the sta- tered. tistics. BEL: Insofar as employment is concerned, Belgium regularly pro- Several additional investigations are therefore, undertaken every duces data about the workforce (EFT) which includes a module re- year. The quality of those investigations is good, but, not always lating to disabled persons. This research is part of the community comparable. The investigations differ why you not can compare the research projects coordinated by the Statistical Office of the Euro- result. Sometimes the gender perspective is missing in statistics pean Communities (Eurostat). focusing on pupils with disabilities.
ZERO REPORT 2012_____187 ANNEX – COMMENTS & REMARKS
SUI: There are currently no official statistics providing information AUS: The Australian Human Rights Commission. on the education and employment of all persons with disabilities. AUT: (1) The monitoring commission doesn't come up to the What there are certain figures on persons who draw an invalidity "Paris"-principles (especially the financing). In some federal coun- insurance (IV) benefit. tries, separate control committees are established (like in UK: Figures are regularly published in this area, generally based Carinthia, Vienna) ; CW: Difficult! States has installed a focal on broad-based survey data. point, but some federal states don't have one. So I would give a "green" because the state has installed one. (2) Focal Points (fed- QUESTION 20 eral contact point = BMASK) and monitoring are two different ARG: There are groups of civil society organisations working on things. The monitoring commission monitors the implementation of disability issues. However, none represents more than 50% of all the UN-convention in federal matter. Two times a year public meet- existence. Also still very few civil society organisations formed and ings of the commission take place in order to include the public run exclusively by people with disabilities, being shaped generally community. by familiars, professionals and/or volunteers, especially in intellec- BEL: In Belgium, different focal points have been established ac- tual and psychosocial disabilities organisations. cording to the various levels of government. The associations of AUS: National Disability Services disabled persons and defense of those with a disability, as well as AUT: It is called "ÖAR"; www.oear.or.at civil society in its broader sense, were all involved in drawing up BEL: The Belgian Disability Forum (BDF) brings together 19 Bel- the first Belgian report dated July 2011. gian organisations representing persons with a disability. The BDF BIH: Depends on political party in power represents persons with a disability at European and supranational CRO: No, as we have information. levels. The BDF has two sources of financing: its running costs are EST: Volunteers work on helping people with disability getting on paid for by the SPF Sécurité sociale, and it also receives subscrip- with public transport etc. But we don't know that there would be tions from its members. focal points within government. BIH: War veterans, persons with hearing disabilities and persons Civil society is not really yet involved. People with disability are not with paraplegia yet fully integrated or accepted. CRO: There are several umbrella organisations which covers differ- FIN: Finland has signed but not yet ratified the Convention. ent disabilities and they receives state funding. HUN: During the controls, the financial control of the institutions is EST: It exists PIK (www.epikoda.ee), an organisation for people primary. With these controls the implementation of the UN-conven- with disabilities. tion will be checked as well. GER: But there is mixed financing with partial government subsidisation. IRL: Ireland has not yet decided where the focal point will be. IRL: I am not sure how this question links to Article 32 or interna- ITA: Italian Government has signed and ratified the Convenzion. tional cooperation. The 'focal points' have been included in this law: Legge 3 marzo MKD: There are such organisations but they are usually more sec- 2009, n. 18 toral and do not take care for the needs of the persons with dis- "Ratifica ed esecuzione della Convenzione delle Nazioni Unite sui abilities. There is a conflict between old umbrella organisations (7 diritti delle persone con disabilita', con Protocollo opzionale, fatta a Unions as a part of the national network of organisations for peo- New York il 13 dicembre 2006 e istituzione dell'Osservatorio ple with disabilities) and new network of organisations united nazionale sulla condizione delle persone con disabilità", around Polio Plus Movement, in terms of who really represent the pubblicata nella Gazzetta Ufficiale n. 61 del 14 marzo 2009 interest of the people with disabilities. (http://www.parlamento.it/parlam/leggi/09018l.htm) ROM: Such an organisation exists, but it represents less than 50% MKD: In Macedonia, the civil society is completely engaged in ful- of all unions of persons with disabilities. filling the articles of the convention, but the state and the govern- SRB: This sometimes presents a problem because they are prone ment does not take care for such matters. to present themselves as the ONLY legitimate representatives of MEX: The National Commission on Human Rights and the thirty- persons with disabilities. Representation of persons with intellec- two local human rights commissions were designated by the Mexi- tual/mental disabilities is very low. can government as the monitoring mechanism. Civil society was SWE: The Swedish disability federation. never consulted in accordance with the standards described. SUI: DOK is a federation of umbrella organisations on private aid ROM: The state has signed the convention, but the "Focal Points" and self-help for disabled persons in the form of a simple enter- haven't been implemented yet. prise. It is run from one office: SRB: At this moment, Ministry for human and minority rights is http://www.integrationhandicap.ch/index/menuid/13. As such, it preparing the initial report to the CRPD committee, with participa- receives no subsidies, but its individual members do. tion of DPOs and human rights organisations (MDRI-S is involved UK: There are many disability organisations in the UK, some of in this process). which receive Government funding and some of which do not. SWE: There is a focal point within the government. The focal point There is not a single, representative body quite as described in the is placed in the office of the ministry of health and social welfare. question, although there are many large organisations, including a That ministry only work with the crpd while the ministry of employ- number that have membership made up of many different disabil- ment is dealing with the other un-treaties. The government also ity organisations. has an interdepartmental working group to coordinate the work within the government’s office. The following ministries are in- QUESTION 21 volved in the working group: Ministry of the Environment, the Min- ALB: There are many disability organisations in the UK, some of istry of Employment, (labor and discrimination), the Ministry of Ed- which receive Government funding and some of which do not. ucation and Research (The units of the university-college and There is not a single, representative body quite as described in the school campus), the Ministry of Health and Social Affairs (units of question, although there are many large organisations, including a family, social services and health care), the Ministry of Culture, , number that have membership made up of many different disabil- and the Ministry of Justice. Handisam, which is a central adminis- ity organisations. trative support agency, coordinates the government’s disability pol- ARG: There are many disability organisations in the UK, some of icy processes, in the public sector (mainly the national authorities). which receive Government funding and some of which do not. SUI: Switzerland has not ratified the UN Convention yet. There is not a single, representative body quite as described in TUR: The focal points are not officially signed but there are public the question, although there are many large organisations, in- institutions that work specifically on disability cluding a number that have membership made up of many differ- UK: The Office for Disability Issues within the Department for Work ent disability organisations. and Pensions has been designated.187
188_____ZERO REPORT 2012 ANHANG – ERLÄUTERUNGEN
Erläuterungen zu den Indikatoren, Österreich
Zusammenfassung aller Erläuterungen der Stiftungen und NGOs, die als Ergänzung zu den Ampelfarben-Entscheidungen gegeben wurden, sowie Erläuterungen durch die Essl Foundation.
FRAGE 1 K: Gemäß Bundes-Behindertengleichstellungsgesetz. Die Über- OÖ: Laut oö. Bautechnikgesetz §27 sind alle neu zu errichtenden gangsbestimmung für die barrierefreie Adaptierung von Bundesge- Gebäude, die öffentlich zugänglich sind, barrierefrei zu errichten. bäuden wurde bis zum 31.12.2019 verlängert. Der Paragraph §27 führt nicht im Detail aus, welche Beeinträchti- gungen berücksichtigt werden müssen. FRAGE 3 T: Der Personenkreis von intellektuell beeinträchtigen Personen W: Nicht alle Busse und Fahrer sind gleich zugänglich bzw. wird teilweise nicht adäquat berücksichtigt. geschult. Selbstfahrer mit intellektueller Beeinträchtigung V: Nicht bekannt, ob Vorarlberg selbst Gesetz hat. bräuchten leichter verständliche Fahrpläne und Hilfe bei der Orien- ST: Laut der Steiermärkische Baugesetznovelle 2010 tierung. (kundgemacht im LGBl. Nr. 13 vom 28.02.2011; tritt in Kraft am B: In Eisenstadt gibt es weniger Linienbusse; dafür das System der 01.05.2011) müssen folgende Bauwerke (Neubauten) so geplant kostengünstigen (€2,-- pro Fahrt) Citytaxis. Dabei handelt es sich und ausgeführt sein, dass sie für Besucher und Kunden bes- um normale Taxis, die entweder am Stadtplatz stehen oder zu timmten Teile auch für Kinder, ältere Personen und Personen mit jeder Adresse in Eisenstadt gerufen werden können. Von dort aus Behinderungen gefahrlos und tunlichst ohne fremde Hilfe werden die KundInnen - sowohl mit und ohne Behinderung - zu in- zugänglich sind: 1. Bauwerke für öffentliche Zwecke (z. B. Be- dividuellen Orten im Stadtgebiet gebracht. Menschen mit Roll- hörden und Ämter), 2. Bauwerke für Bildungszwecke (z. B. stühlen können transportiert werden, jedoch hängt dies von der Kindergärten, Schulen, Hochschulen, Volksbildungseinrichtun- Größe des Rollstuhls ab. gen), 3. Handelsbetriebe mit Konsumgütern des täglichen Be- OÖ: Lt. Auskunft der LinzAG sind alle eingesetzten Busse für darfs, 4. Banken, 5. Gesundheits- und Sozialeinrichtungen, 6. Rollstuhlfahrer benutzbar. Allerdings muss jeweils der Fahrer Arztpraxen und Apotheken, 7. öffentliche Toiletten sowie 8. son- dem Rollstuhlfahrer behilflich sein, da die Rampen händisch stige Bauwerke, die allgemein zugänglich und für eine gleichzeit- angebracht werden müssen. Die Straßenbahnen sind zum ige Anwesenheit von mindestens 50 Besucher oder Kunden aus- Großteil für Rollstuhlfahrer zugänglich, einige wenige ältere gelegt sind. Garnituren können nicht von Rollstuhlfahrern genutzt -> laut http://www.ris.bka.gv.at/Dokumente/Lgbl/LGBL_ST_ werden. 20110228_13/LGBL_ST_20110228_13.pdf Barrierefreier Zugang. T: es mangelt meist an der adäquaten Unterstützung der beein- Ab sofort gelten in fünf Bereichen die neuen Richtlinien, die das trächtigten Personen insb. bei Personen mit intellektueller Beein- Österreichische Institut für Bautechnik empfohlen hatte. Ein trächtigung. Fahrpläne in einfacher Sprache gibt es nicht. Schwerpunkt liegt dabei beim barrierefreien Zugang zu bes- V: nur einige, braucht Unterstützung. Fahrer nicht geschult. timmten Gebäudetypen. Die Bestimmungen der ÖNORM zum Angewiesen auf bemühte Fahrer. barrierefreien Bauen sind ab sofort gesetzlich verbindlich -> laut ST: laut Website der Verbundlinie sind alle Busse barrierefrei, aber http://portal.wko.at/wk/format_detail.wk?angid=1&stid= Busfahrer sind nicht geschult. Es gibt immer wieder Beschwerden 615858&dstid=1472 über deren Verhalten. K: Die Vorgaben sind schriftlich in den Bauverordnungen K: Alle Busse sind barrierefrei. Alle Lenker werden im Umgang mit angelegt. Menschen mit Behinderung geschult. Es gibt aber keine Roll- stuhlrampen - daher können Rollstuhlfahrer den Bus nicht ohne FRAGE 2 Unterstützung befahren. OÖ: Laut telefonischer Auskunft beim Amt der oö. Landesregierung Zusätzliche Erläuterungen: müssen alle Bauvorhaben, die bereits bewilligt und gebaut sind, ST: NGO gibt „grün“ als Antwort. Gibt als Zusatzinformation an, nicht im Sinne der Barrierefreiheit verändert werden. Werden Um- dass Fahrer nicht geschult werden. Dadurch sind nicht alle Krite- oder Zubauten vorgenommen, so müssen diese barrierefrei gestal- rien erfüllt, daher auf „orange“ umgefärbt. tet werden. T: Auf Landesebene gibt es diesbezüglich keine entsprechende FRAGE 4 Gesetzgebung hinsichtlich öffentlicher Gebäude (wie Universitäten, W: Menschen mit intellektueller Beeinträchtigung oder Sinnes- Schulen, Krankenhäuser…) beeinträchtigung sind explizit von persönlicher Assistenz aus- V: Bundesgesetz schon, aber nicht auf Landesebene. geschlossen! ST: Frist ist bis 2016 B: Nein. Im Burgenland gibt es keine persönliche Assistenz.
ZERO REPORT 2012_____189 ANHANG – ERLÄUTERUNGEN
OÖ: JA: Im oö. Chancengleichheitsgesetz § 16 fest, dass alle Die Behindertenbeauftragte der UNI Graz gibt an, dass es keine Personen, die eine Hauptleistung aus dem CHG beziehen auch eigenen Statistiken für das Land ST. gibt. ein monatliches Mindesteinkommen gewährleistet werden muss. K: Laut Auskunft der Uni-Klagenfurt gibt es keine gesetzliche T: Eine Persönliche Assistenz wird nur Personen mit körperlicher Grundlage, die eine solche Statistik erlaubt. Beeinträchtigung bewilligt. Personen mit intellektuell Beeinträch- Zusätzliche Erläuterungen: tigung erhalten keine persönlichen Assistenten, wenn sie über 75 ST: NGO gibt Hinweis auf eine Studienerhebung und wählt „gelb“. Stunden/Mo Ass. benötigen, müssen sie in WGs leben. Die Studie erfasst aber keine Absolventenzahlen – deshalb auf V: es gibt keinen Rechtsanspruch in Vorarlberg. Persönliche Assis- „rot“ abgeändert. tenz ist in Vorarlberg nicht geklärt. ST: Es ist die Leistung "Persönliches Budget" vorgesehen. Diese ist FRAGE 7 jedoch sowohl von der Zielgruppe her als auch vom finanziellen W: Bundesbehinderten-Gleichstellungsgesetz: Nach Novelle Anf. Aufwand begrenzt. 2011 wurde Frist auf 2019 erstreckt! K: Der Großteil der Leistungen aus dem Kärntner Chancengleich- B: Ich kenne mehrere Arztpraxen, die nicht barrierefrei zugänglich heitsgesetz sind nur "kann" Leistungen. Es besteht kein Recht- sind. sanspruch. OÖ: Laut telefonischer Auskunft beim Amt der oö. Landesregierung gilt für die Neuerrichtung von Arztpraxen der §27 des oö. Bautech- FRAGE 5 nikgesetztes. Alle Arztpraxen, die bereits bewilligt und gebaut sind, OÖ: Menschen mit Behinderung ist lt. oö. CHG § 12 eine müssen nicht im Sinne der Barrierefreiheit verändert werden. Wer- möglichst freie und selbstbestimmte Wohl der Wohnform zu den Um- oder Zubauten vorgenommen, so müssen diese barriere- eröffnen. Die Menschen mit Behinderung haben grundsätzlich die frei gestaltet werden. Möglichkeit zu wählen, ob sie in der Institution bleiben möchten. T: Intellektuell beeinträchtigte Personen erhalten oft nicht die für Die Einrichtungen werden im Rahmen der Fachaufsicht überprüft. sie adäquate und entspr. Informationen (= Barriere) Es gibt eine Verpflichtung zur regelmäßigen Reflexion mit dem V: nichts bekannt. Erfahrung eher negativ (Stufen) Menschen mit Behinderung in Bezug auf sein Angebot. K: Die rechtliche Verpflichtung gibt es nur für Neueröffnungen Allerdings gibt es keine dezidierte Verpflichtung, die Menschen (wird aber nicht kontrolliert). "Alteingesessene" Praxen sind von mit Behinderung regelmäßig darüber zu informieren, dass sie die der Verordnung ausgenommen (Auskunft Ärztekammer). Wahlfreiheit besitzen, ob sie in der Einrichtung bleiben wollen oder nicht. FRAGE 8 T: insbesondere Personen mit intellektueller Beeinträchtigung kön- B: Wenigstens berechnet sollte das schon werden. nen deshalb nicht wählen, weil sie keine Alternativen kennen. Die OÖ: Laut Bundessozialamt gibt es keine offizielle Statistik für Auswahl macht die Wahl!!! Oberösterreich. Laut Auskunft der Statistikabteilung des Landes V: der Mensch mit Behinderung kann in einem Hilfeplangespräch OÖ: werden diese Zahlen erfasst, aber nicht veröffentlicht. Es kön- mit dem Träger seine Wünsche (WG, Heim oder alleine) äußern. nen aber jederzeit Auswertungen erfolgen. Land kontrolliert diese Vereinbarung auch. Entscheidung ist aber T: http://www.tirol.gv.at/presse/meldungen/meldung/artikel/ oft nach effizienten Gesichtspunkten (günstiger Träger bekommt tiroler-landesverwaltung-uebererfuellt-vorgaben-bei-der- Zuschlag) einstellung-von-menschen-mit- ST: Die Menschen in den Institutionen werden von Nueva behinderungen/?no_cache=1&cHash=1bad3e91c2 evaluiert. In den Evaluationen werden Nutzer auf Entschei- V: kann sein, aber noch nie gehört oder gelesen speziell in Vorarl- dungsrecht aufmerksam gemacht, aber diese Evaluationen sind berg (wäre auch ein Ansporn für die Organisation selbst) nicht jährlich in jeder Einrichtung möglich. K: Wird auf Basis der Ausgleichszahlungen regelmäßig erhoben K: Regelmäßige Überprüfungen finden durch die Bewohnervertre- und kontrolliert. tung des Vereins "VertretungsNetz" statt. Überprüft werden die Zusätzliche Erläuterungen: Rechtmäßigkeit von freiheitsbeschränkenden Maßnahmen und die OÖ: NGO gibt „rot“, gibt aber als Zusatzinformation an, dass die Einhaltung des Heimaufenthaltsgesetzes. Zahlen erfasst, aber nicht veröffentlich werden – daher auf „or- ange“ umgefärbt. FRAGE 6 T: Frage ist mit „grün“ bewertet. Allerdings auf „orange“ geändert, OÖ: Laut telefonischer Auskunft am Institut Integriert Studieren weil eine Pressemitteilung nicht r e g e l m ä ß i g erscheint an der Johannes Kepler Universität Linz gibt es nur inoffizielle Sta- K: Frage wird mit „grün“ bewertet, weil berechnet und kontrolliert. tistiken, da die Daten in Bezug auf Beeinträchtigungen sensible Wird die Zahl aber auch regelmäßig offiziell veröffentlicht? Daten sind, die nicht offiziell erhoben werden. Bei der Absolventen- ST/W: Diese Frage haben beide NGOs „rot“ bewertet, wurde statistik wird nur nach Kriterien wie z.B. Geschlecht unterschieden, aber auf „orange“ geändert, weil laut Zusatzinformation von der nicht aber nach Absolvent mit Beeinträchtigung oder ohne Beein- Website www.bizeps.or.at die Zahlen vorhanden sind, allerdings die trächtigung. Information nicht regelmäßig oder gar nicht von den Ländern T: entspr. Statistiken sind nicht bekannt. veröffentlicht werden. ST: Es gibt eine österreichweite Sozialerhebung aus 2009, die Studierende mit Behinderung erfasst. FRAGE 9 http://www.bmwf.gv.at/fileadmin/user_upload/wissenschaft/pub- OÖ: Laut Geschäftsberichte 2009/2010 des Bundessozialamtes ist in likationen/studierenden- OÖ die Anzahl der erwerbstätigen begünstigt beeinträchtigen Perso- sozialerhebung_2009/studierende_gesundheitlich__beeintraechti- nen von 14.519 auf 13.977 gesunken. Gleichzeitig ist die Erwerb- gung_2009.pdf squote im Bundesland OÖ laut Statistik Austria von 708.600 auf
190_____ZERO REPORT 2012 ANHANG – ERLÄUTERUNGEN
710.400 gestiegen. 2009 war demnach der Anteil der begünstigt http://www.land-oberoesterreich.gv.at/cps/rde/xchg/SID- Beeinträchtigten an der Gesamtbevölkerung 2,05%, 2010 1,97%. 20CFDF69-14447054/ooe/hs.xsl/sozialbericht2010_ ST: lt. BASB: 2010 sind die erwerbstätigen begünstigten Behin- DEU_HTML.htm derten zurückgegangen, und zwar von 11316 2009 auf 10746 T: http://www.bundessozialamt.gv.at/cms/basb/attach- 2010, während die Anzahl der nicht erwerbstätigen begünstigte ments/5/6/0/CH0013/CMS1277224702007/basb_gb_2010_screen. (beg.) Beh. von 5797 auf 6272 gestiegen ist. Gleichzeitig sank pdf aber interessanterweise auch die Anzahl der beim AMS vorgemerk- ten beg. Behinderten von 1942 um 5,8% auf 1828. FRAGE 13 Lt. AMS-Statistik 2010 waren in diesem Kalenderjahr 465.428 W: Land Wien hat keine Focal Points, aber einen Monitoringauss- Menschen unselbständig beschäftigt. Damit beträgt der Anteil der chuss eingerichtet erwerbstätigen beg. Beh. 2,3% gemessen an den gesamten un- OÖ: In Oberösterreich nimmt derzeit der Planungsbeirat (lt. Chg) selbständig Beschäftigten, wobei bei den Erstgenannten auch die die Umsetzung der UN-Konvention wahr. Es soll ein eigener Moni- selbständig Erwerbstätigen inkludiert sind. toringausschuss in OÖ eingerichtet werden. Wenn man aber die Frage inkl. Erläuterung ganz genau liest: Ob T: in Tirol kein Focal Point eingesetzt. die Beschäftigung bei einstellungspflichtigen Dienstgebern zu- oder ST: Die Anwaltschaft für Menschen mit Behinderungen in der abgenommen hat, ließe sich nur über die Statistik Austria beant- Steiermark (Hr. Mag. Suppan) übernimmt diese Funktion aus worten! "eigenem Antrieb". K: Der Anteil der Menschen mit Behinderung, die sich auf Ar- (siehe Seite 8 des Tätigkeitsberichts der Anwaltschaft) beitssuche befinden ist gestiegen (Auskunft Behindertenan- K: Nach der Ratifizierung der UN-Konvention durch Österreich waltschaft) wurde ein Monitoringausschuss installiert. Dieser Berichtet über den Stand der Umsetzung. Inwieweit dieser auch kontrollierende FRAGE 10 Funktion hat, ist offen. OÖ: In OÖ muss jeweils ein Wahllokal in einer Gemeinde barriere- Zusätzliche Erläuterungen frei (Wahlkabine und Wahlurne) gestaltet sein. Darüber hinaus ste- W: NGO wählte „rot“ (kein Focal Point). Offizielles Schreiben von hen Unterstützungen für Menschen mit einer Sehbeeinträchtigung STR. Frauenberger nach Anfrage der Essl Foundation, wird positiv zur Verfügung. Weiters kann beantragt werden, dass eine Wahlbe- beantwortet, daher auf „grün“ geändert. hörde in die Einrichtung bzw. bei Immobilität in das Eigenheim des K: NGO gibt „orange“, aufgrund der Zusatzinformation über den Wählers kommt. Monitorausschuss wurde dies auf „rot“ geändert. V: Persönlicher Assistent wäre diesbezüglich sehr hilfreich. ST: NGO gibt „grüne“ Antwort. Die beschriebene „halbe“ Lösung, K: Es gibt zum Beispiel Schablonen für sehbeeinträchtigte Perso- entspricht nicht den Kriterien eines „Focal Points“, daher auf „or- nen. Die Wahlkommission kommt in besonderen Fällen auch zum ange“ verändert. Wahlberechtigten nach Hause. OÖ: Wird von „rot“ auf „orange“ geändert, weil der Planungsrat die Aufgabe übernimmt und ein eigener Monitoringausschuss in OÖ FRAGE 11 geplant wird. W: FSW sammelt umfangreiche Daten der von ihm geförderten Behindertenorganisationen; darüber hinaus werden keine behin- dertenspezifischen Daten gesammelt OÖ: Grundsätzlich gelten die angeführten Kriterien für "JA", allerd- ings werden nur Menschen mit Behinderung, die in Einrichtungen, die in erster Linie für die Betreuung und Begleitung von Menschen mit Behinderungen errichtet wurden (Einrichtungen, die Leistungen im Sinne des ChG. anbieten), in der Statistik nicht erfasst. Men- schen mit Behinderungen, die in Gefängnissen, Seniorenzentren usw. betreut werden (also nicht im Sinne einer im ChG. vorgese- henen Leistung), werden nicht erfasst. V: kann sein, aber keine Statistiken vom Land je bekommen. K: Statistiken werden regelmäßig aktualisiert. Es gibt aber keine regelmäßige (jährliche) öffentliche Publikation, welche einen Gesamtüberblick bietet. Die letzt offizielle Statistik stammt aus dem Jahr 2007 und wurde im Bedarfs- und Entwicklungsplan der Kärntner Landesregierung publiziert Zusätzliche Erläuterungen: T: Wird von der NGO mit „grün“ bewertet. Nach Durchsicht des Berichtes, wird auf „orange“ umgefärbt, weil Details fehlen (An- zahl, Geschlecht etc).
FRAGE 12 OÖ: Das Land OÖ hat 2008 und 2010 einen Sozialbericht heraus- gegeben, der Auskunft über Ausbildung und Beschäftigung von Menschen mit Behinderungen gibt.
ZERO REPORT 2012_____191 ANNEX – OVERVIEW OF WEBLINKS
Overview of Weblinks
All of the internet links through which additional or more in-depth information ca be accessed are listed here.
STATISTICAL DATA [Italian] Italian Statistic Institute http://www.disabilitaincifre.it/ [Italian] FADIS - Federaziones Associazioni di Docenti per l’Integrazione Scolastica http://www.integrazionescolastica.it/subcat/32 [English] Statistical office of Kosovo http://esk.rks-gov.net/eng/
OFFICIAL DOCUMENTS UN, OECD, EU, STATES [English] UNHCR - Report of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees http://www.unhcr.org/ [English] AGAC - Australian Guardianship and Administration Council http://www.agac.org.au/agac-publications [French] Official Report Rapport d’activité du FIPHFP http://www.fiphfp.fr/spip.php?rubrique100 [Italian] Report Ratifica ed esecuzione della Convenzione delle Nazioni Unite sui diritti delle persone con disabilita http://www.parlamento.it/parlam/leggi/09018l.htm [English] Official Report on general elections in the Republic of Kosovo http://www.kqz-ks.org [English] Kosovo - Law on Primary and Secondary Education http://www.see-educoop.net [English] Official Report on disability pensions in Kosovo http://www.assembly-kosova.org/common/docs/ligjet/2003_23_en.pdf
REGARDING THE QUESTIONNAIRE [English] Article Family Court Judge orders sterilisation of 11 year old girl http://www.australianwomenonline.com [English] Article Students with disabilities ‘denied school enrolment’ http://www.abc.net.au/news/ [German] Official Report Oö. Sozialbericht 2010 http://www.land-oberoesterreich.gv.at/ [German] Official Report Geschäftsbericht 2010 http://www.bundessozialamt.gv.at/ [German] Article Tiroler Landesverwaltung übererfüllt Vorgaben bei der Einstellung von Menschen mit Behinderungen http://www.tirol.gv.at/presse/meldungen/ [German] Research Report Studierende mit gesundheitlichen Beeinträchtigungen http://www.bmwf.gv.at/ [German] Official Report Landesgesetzblatt Jahrgang 2011 http://www.ris.bka.gv.at/Dokumente/ [German] Article Neuerungen betreffen vor allem Brandschutz, Hygiene und Barrierefreiheit http://portal.wko.at/ [Croatian] Article Zapo_ljavanje osoba s invaliditetom http://www.hzz.hr/default.aspx?id=5115 [English] Estonian Social Ministry http://www.sm.ee/eng.html [English] Estonian Chamber of Disabiled People http://www.epikoda.ee/index.php?op=2&path=IN+ENGLISH [French] Website of Fonction Publique http://www.fonction-publique.gouv.fr/article1701.html?artsuite=1 [English] Cencus of 10th April 2011 http://www.census.ie/Default.aspx [English] Report of the Working Group on Congregated Settings http://www.hse.ie/eng/services/Publications/ [English] Article Intellectually disabled must be enabled to vote, says charity http://www.irishtimes.com/newspaper/ireland/2011/0219/1224290287816.html [English] Central Statistics Office Ireland - Census 2006 http://www.cso.ie/census/census2006_volume_11.htm [Italian] Fondazione promozione sociale www.fondazionepromozionesociale.it [Italian] Le Web-barriere http://spazioinwind.libero.it/gianluca_affinito/web_barriere/disabili.htm [Italian] Il portale del terzo settore http://www.nonprofitonline.it/default.asp?id=433&id_n=2453 [Italian] Civil Protection Department http://www.protezionecivile.gov.it/jcms/it/homepage.wp [English] Romanian Ministry of Labor, Family and Social Protection http://www.mmuncii.ro/en/
192_____ZERO REPORT 2012 ANNEX – OVERVIEW OF WEBLINKS
[English] Romanian Authority for People with Disabilities http://www.anph.ro/eng/ [German] ÖAR - Österreichische Arbeitsgemeinschaft für Rehabilitation www.oear.or.at REGARDING THE GOOD PRACTICE EXAMPLES [German] Article BayernLB verleiht Deutschen Innovationspreis im Gesundheitswesen http://www.bayernlb.de/ [German] Article Wie Blinde Tumore ertasten http://www.stern.de/tv/sterntv/ [English] Article Breast cancer prevention opens job opportunity for blind people http://www.myhandicap.com/ [English] Wheelmap.org - online map of wheelchair-accessible and inaccessible places http://wheelmap.org/ [English] RoboBraille.org - email-based service capable of making electronic texts accessible http://www.robobraille.org/frontpage [English] Article Agenda 22 - Putting Teeth in the Standard Rules http://www.disabilityworld.org/06-08_03/gov/standards.shtml [German] Article Babysimulatoren dienen Menschen mit Behinderung als Entscheidungshilfe http://badlangensalza.otz.de/ [German] discovering hands® http://www.discovering-hands.de/ [English] Ashoka http://www.ashoka.org/ [English] Disability and Development Database Project http://www.disabilitydatabase.org/ [Slovenian] Deaf and Hard of Hearing Clubs Association of Slovenia (ZDGNS) www.deaf-tv.si or www.zveza-gns.si [Slovakian] The Association for Help to People with Mental Handicap in the Slovak Republic http://www.zpmpvsr.sk [English] Leonard Cheshire Disability: Young Voices www.LCDisability.org/youngvoices [German] Eurokey - guaranteed access for the disabled to public facilities http://cbf-da.de/ [German] Verbavoice - online platform connecting hearing impaired to transcribers http://www.verbavoice.de/ [English] Dialogue Social Enterprise - Dialogue in the Dark http://www.dialogue-se.com/ [English] Specialist People Foundation - jobs for people with autism http://specialistpeople.com/ [English] Specialsterne - equal employment opportunities for people with autism spectrum disorders www.specialisterne.com [English] Bartiméus Accessibility Foundation http://www.accessibility.nl/algemeen/over?languageId=2 [English] International Labour Organisation - enable people with intellectual disabilities to live independently http://www.jag.se/innehall/jag-equality-assistance-and-inclusion [English] Irish Disability Authority http://www.nda.ie/cntmgmtnew.nsf/ [English] AHEAD - Association for Higher Education, Access and Disability http://www.ahead.ie/ [German] Schweizerische Arbeitsgemeinschaft zur Eingliederung Behinderter http://www.integrationhandicap.ch/index/menuid/13 [German] WAG Assistenzgenossenschaft http://www.wag.or.at/ [German] Bizeps Organisation http://www.bizeps.or.at/ [German] Selbstbestimmt Leben Initiative OÖ http://www.sli-ooe.at/ [German] Alpanova http://www.alphanova.at/index.php?id=94 [German] Caritas Vienna - Personal support for families caring for children with disabilities http://www.caritas-wien.at/hilfe-einrichtungen/ [German] Career Moves - internet plattform providing job offers for persons with disabilities http://www.careermoves.at/ [German] ÖAR - Österreichische Arbeitsgemeinschaft für Rehabilitation www.oear.or.at [Spanish] Official website of the Chilean Ministry of Health http://www.redsalud.gov.cl [English] Light for the World - education for children with disabilities http://www.light-for-the-world.org/burkina.html [English] Bizlink - employment for people with disabilites http://www.bizlink.org.sg/newcms/ [Spanish] Asoch - Ascociación de Sordos de Chile http://www.asoch.cl/ [English] Newlife - employment opportunities for persons with psycho-social disabilities http://www.nlpra.org.hk/?lang=en-US [English] Australian Aid Government www.ausaid.gov.au [English] Australian Disability Development www.addc.org.au [English] Australian Human Rights Commission http://www.hreoc.gov.au/disability_rights/decisions/conciliation/education_conciliation.html [English] Australian Electorial Commission http://www.aec.gov.au/Voting/ways_to_vote/#blv [English] Finnish Institute for Health and Felfare http://uusi.sotkanet.fi/portal/page/portal/etusivu/hakusivu?group=359
ZERO REPORT 2012_____193 ANNEX – OVERVIEW OF WEBLINKS
REGARDING THE GOOD POLICIES
[English] European network of legal experts in the non-discrimination field - Austria Country Report 2009 www.non-discrimination.net/countries/austria [German] Umbrella Organisation of the Austrian Disability Associations www.oear.or.at [German] Umbrella Organisation of the Austrian Disability Associations - UNCRPD Shadow Report 2010 www.oear.or.at/ihr-recht/un-behindertenrechtskonvention/zivilgesellschaftsbericht [German] Bizeps - Information regarding equality legislation, Austria www.bizeps.or.at/gleichstellung/ [English] European network of legal experts in the non-discrimination field - Spain Country Report 2009 www.non-discrimination.net/countries/spain [English] CERMI - Human Rights and Disability. Alternative Report Spain 2010 www.cermi.es/en-US/Biblioteca/Pages/Inicio.aspx?TSMEIdPub=10 [Spanish] Servicio de Información sobre Discapacidad (SID), Spain http://sid.usal.es [Spanish] Oficina Especializada Permanente (OPE), Spain www.oficinape.mspsi.gob.es [Spanish] Information relating to the UNCRPD www.convenciondiscapacidad.es [Spanish/English] CERMI – Comité Español de Representantes de Personas con Discapacidad www.cermi.es [English] European network of legal experts in the non-discrimination field - UK Country Report 2009 www.non-discrimination.net/countries/united-kingdom [English] Equality and Human Rights Commission, UK http://www.equalityhumanrights.com/ [English] Socialstyrelsen - A new profession is born. Personligt Ombud, PO, 2008 http://www.personligtombud.se/publikationer/ [English] Essl Social Index 2010: PO-Skåne, Sweden http://www.esslsozialpreis.at/en/esslsocialindex/downloads/ [English] World Health Organisation - World Report on Disability 2011: PO-Skåne, Sweden http://www.who.int/disabilities/world_report/2011/en/index.html [English] PO-Skåne, Sweden http://www.po-skane.org/ [English] Nidus Personal Planning Resource Centre and Registry, British Columbia (Canada) www.nidus.ca [English] Nidus Personal Planning Resource Centre and Registry - Experiences of adults living with FASD and their personal supporters in making and using Representation Agreements http://www.nidus.ca/PDFs/Nidus_Research_RA_FASD_Project.pdf [English] Nidus Personal Planning Resource Centre and Registry - A study of personal planning in BC: Representation Agreements with Standard Powers http://www.nidus.ca/PDFs/Nidus_Research_RA7_InAction.pdf [Hebrew] Bizchut – The Israeli Human Rights Center for Persons with Disabilities www.bizchut.org.il [English] Disability Studies Quarterly Fall 2007, Volume 27, No. 4 - Witnesses with Mental Disabilities: Accommodations and the Search for Truth - The Israeli Case www.dsq-sds.org/article/view/51/51 [English] European Agency for Development in Special Needs Education http://www.european-agency.org/ [English] Salvatore Nocera - The Body of Legislation on Inclusive Education of Disabled Persons in Italy: The history, the institutional aspects, and the applicable procedures, 2002 http://www.edscuola.it/archivio/handicap/inclusiva.html [English] DPI Italia Onlus - Disabled People’s International www.dpitalia.org [English] Italian Federation for Overcoming Handicap www.fishonlus.it [Italian] Italian Ministry of Education, Universities and Research www.istruzione.it [English] ANED - The Implementation of Policies Supporting Independent Living for Disabled People in Europe: Synthesis Report, eds Prof. Linda Ward and Dr Ruth Townsley, University of Bristol, 2009 http://www.disability-europe.net/theme/independent-living [English] Model National Personal Assistance Policy, ed Dr Adolf Ratzka, Independent Living Institute, 2004 http://www.independentliving.org/docs6/ratzka200410a.html [English] Independent Living Institute, Sweden www.independentliving.org [English] Academic Network of European Disability experts (ANED) http://www.disability-europe.net/
194_____ZERO REPORT 2012